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PURCELL v. SMITH

23 Misc.3d 944 (2009)

874 N.Y.S.2d 877

JULIE L. PURCELL, Plaintiff, v. LISA MARGARET SMITH, Defendant.

Supreme Court, Jefferson County.

Decided February 23, 2009.

Attorney(s) appearing for the Case

Conboy, McKay, Bachman & Kendall, LLP, Watertown (Stephen W. Gebo of counsel), for plaintiff.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kevin E. Hulslander of counsel), for defendant.

OPINION OF THE COURT

JOSEPH D. McGUIRE, J.

Plaintiff has applied to the court for an order vacating a judgment that awarded costs and disbursements to defendant and for an order awarding plaintiff costs (CPLR 5015, 8101).

Following a trial by jury, defendant filed a judgment on or about January 9, 2009 in favor of the defendant against plaintiff in the amount of $1,095 representing costs and disbursements...

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