Brackett v. Smith

¶1— Judgment modified by striking out the provision for the payment of $668.40 costs as taxed, and as so modified unanimously affirmed, without costs. Since there is no certificate by the trial judge certifying that the plaintiff’s demand was duly presented and that the payment was unreasonably resisted or neglected, the court is without power to grant costs. (Civ] Prae. Act, § 1499; Scheu v. Blum, 119 App. Div. 825.) Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ.