Marcus v. Joseph , 309 N.Y. 1003 ( 1956 )

Application to further amend the remittitur granted as follows : Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N. Y. 813, 923.]