Matter of Bailey v. Bailey

291 N.Y. 534 · New York Court of Appeals · Jul 20, 1943

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In the Matter of the Application of Frank Bailey Et Al., Appellants, for an Order, Pursuant to Section 61-A of the General Corporation Law, Assessing Upon Bush Terminal Company, Respondent, the Reasonable Expenses, Including Attorneys’ Fees Incurred by Petitioners in Connection With an Action in the Supreme Court of the State of New York, New York County, Entitled: “ C. Walter Randall, as Trustee, Plaintiff, v. Frank Bailey Et Al., Defendants,” and Awarding Such Expenses as Special Costs Recoverable as Statutory Costs; In the Matter of the Application of Title Guarantee and Trust Company, as Ancillary Executor of Edward T. Bedford, Deceased, Appellant, for an Order, Pursuant to Section 61-A of the General Corporation Law, Assessing Upon Bush Terminal Company, Respondent, the Reasonable Expenses, Including Attorneys’ Fees Incurred by Petitioner in Connection With an Action in the Supreme Court of the State of New York, New York County, Entitled: “ C. Walter Randall, as Trustee, Plaintiff, v. Frank Bailey Et Al., Defendants,” and Awarding Such Expenses as Special Costs Recoverable as Statutory Costs

Orders affirmed, with costs, on the ground that the final judgment within the meaning of the statute had been entered before the date when the statute went into effect. We pass on no other question. No opinion. Concur: Lehman, Ch. J., Loughban, Rippey, Conway, Desmond and Thacheb, JJ. Taking no part: Lewis, J.