An appeals court rescinded a trial judge’s order that the plaintiffs in a negligence case be reimbursed $6,900 in costs for two expert witnesses who did not testify because the defense attorney was too ill to work on the day they were scheduled to appear.
The court said Broome County Supreme Court Justice Molly Reynolds Fitzgerald did not have the authority to order the reimbursements under the provisions of 22 NYCRR 130. Those rules provide for paying costs “reasonably incurred” by an attorney for an adversary’s failure to appear “without good cause.”
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