
    Duryea, Watts & Co., Limited, Appellant, v. Julius Rayner, Respondent.
    (City Court of New York, General Term,
    October, 1897.)
    Costs — When a retaxation would be useless.
    Where the Appellate Term of the Supreme Court reverses a judgment, rendered in favor of the plaintiff, with costs to the defendant to abide the event, and also grants a new trial, an appeal by the plaintiff from an order, striking certain items from his bill of costs, becomes nugatory.
    Appeal from an order directing a retaxation of. costs.
    L. B. Bunnell, for appellant.
    R. J. Mahon, for respondent.
   Schuchman, J.

This is an appeal by the plaintiff from an order made and entered on June 11, 1897, ordering the bill of.costs herein to be retaxed by striking therefrom certain items.. The bill of costs was in favor of the plaintiff. The Appellate Term of the Supreme" Court on July 1, 1897, by an order duly made and entered, reversed the judgment in favor of the plaintiff herein, “ with costs to the appellant to abide the event,” and granted a new trial. ■ For these reasons a decision of this appeal becomes nugatory; and, therefore, the appeal is dismissed, without costs.

Conlan, J., concurs.

Appeal dismissed, without costs.  