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Hartford Kosher Caterers, Inc. v. Gazda

Citations: 166 Conn. 680; 319 A.2d 415; 1974 Conn. LEXIS 1009

Court: Supreme Court of Connecticut; May 8, 1974; Connecticut; State Supreme Court

Narrative Opinion Summary

The defendants' motions for reconsideration regarding the taxation of costs by the clerk of the Superior Court in Hartford County are granted. The clerk is instructed to reassess taxable costs as though there were two distinct appeals. Key limitations include: (1) any fee or cost incurred only once due to the continuation of the appeals shall be taxed only once; and (2) costs associated with a brief or appendix should be allocated based on their relevance to each appeal. The motions were supported by Andre M. Koeay and John D. Bagdasarian, with opposition from David G. Bagley. The submission date was April 12, and the decision was made on May 8, 1974.

Legal Issues Addressed

Assessment of Taxable Costs

Application: The clerk is directed to tax any fee or cost only once if it was incurred due to the continuation of the appeals, and costs for briefs or appendices should be allocated according to their relevance to each appeal.

Reasoning: The clerk is instructed to reassess taxable costs as though there were two distinct appeals. Key limitations include: (1) any fee or cost incurred only once due to the continuation of the appeals shall be taxed only once; and (2) costs associated with a brief or appendix should be allocated based on their relevance to each appeal.

Reconsideration of Taxation of Costs

Application: The court granted the defendants' motions for reconsideration, instructing the clerk to reassess the taxable costs as if there were two separate appeals.

Reasoning: The defendants' motions for reconsideration regarding the taxation of costs by the clerk of the Superior Court in Hartford County are granted.