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Finch, Pruyn & Co. v. Martinelli

Decided: December 19, 1969.

FINCH, PRUYN & COMPANY, INC., A NEW YORK CORPORATION, PLAINTIFF,
v.
JOSEPH MARTINELLI, HELEN MARTINELLI, AND MONMOUTH COUNTY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, DEFENDANTS



Lane, J.s.c.

Lane

This matter is before the Court on plaintiff's notice of motion to settle the terms of the final judgment. The issue before the court is whether plaintiff is entitled to have taxed as part of its costs the expense of depositions taken during the course of the proceedings.

The complaint was filed September 21, 1967, seeking to recover on various notes dated May 15, 1967 given by defendant Joseph Martinelli to plaintiff and seeking to specifically enforce an agreement by Joseph Martinelli that he would execute and deliver to plaintiff a mortgage on all real estate owned by him. Ultimately, judgments were entered against Joseph Martinelli in the total amount of $20,000. No relief could be given to plaintiff on the specific performance count because it was found that on July 14, 1967 and August 18, 1967 Joseph Martinelli had conveyed to his wife, defendant Helen Martinelli, his interest in certain premises they held as tenants by the entirety, his only interest in real estate.

A fourth supplemental complaint was filed October 14, 1968 joining Helen Martinelli. This complaint sought a judgment setting aside the conveyances from Joseph Martinelli to Helen Martinelli. The matter came on for trial on November 12, 1969. At the conclusion of testimony the court rendered an oral opinion holding that the conveyances were fraudulent as against plaintiff and would be set aside.

The depositions involved and their expenses are as follows:

Feb. 7, 1968 Joseph Martinelli $116.00

Dec. 20, 1968 Joseph Martinelli,

Helen Martinelli and

Henry Sant'Ambrogio 182.50

Feb. 19, 1969 Robert Martinelli 69.50

Mar. 14, 1969 Robert Martinelli 69.50

April 16, 1969 Joseph Martinelli and

Helen Martinelli ...


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