New York Civil Practice
Law & Rules

NYCPLR Article 81

COSTS GENERALLY

 8101. Costs in an action.
        8102. Limitation of costs where action brought in higher court.
        8103. Costs where parties prevail upon separate issues.
        8104. Costs in consolidated, severed or removed action.
        8105. Costs where more than one plaintiff or defendant.
        8106. Costs upon motion.
        8107. Costs upon appeal.
        8108. Specification of denial or award of costs.
        8109. Defendant`s costs against the state.
                (a) Action brought for benefit of municipal corporation.
                (b) Payment of defendant`s costs against the state.
        8110. Costs against a fiduciary.

  S 8101. Costs in an action. The party in whose favor a judgment is
entered is entitled to costs in the action, unless otherwise provided by
statute or unless the court determines that to so allow costs would not
be equitable, under all of the circumstances.

  S 8102. Limitation of costs where action brought in higher court.  A
plaintiff is not entitled to costs:
  1. in an action brought in the supreme court in a county within the
city of New York which could have been brought, except for the amount
claimed, in the civil court of the city of New York, unless he shall
recover six thousand dollars or more; or,
  2. in an action brought in the supreme court in a county not within
the city of New York which could have been brought, except for the
amount claimed, in any court of limited monetary jurisdiction in the
county, unless he shall recover five hundred dollars or more; or,
  3. in an action brought in the county court which could have been
brought, except for the amount claimed, in any court of lesser monetary
jurisdiction in the county, unless he shall recover two hundred fifty
dollars or more.

  S 8103. Costs where parties prevail upon separate issues. Upon the
recovery of a judgment in favor of the plaintiff, the court may award
costs in the action to a defendant without denying costs to the
plaintiff, if it determines that a cause of action upon which the
defendant prevailed is not substantially the same as any cause of action
upon which the plaintiff recovered the judgment.

  S 8104. Costs in consolidated, severed or removed action. Where two or
more actions are consolidated, costs shall be awarded in the
consolidated action as if it had been instituted as a single action,
unless the order of consolidation otherwise provides. Where an action is
severed into two or more actions, costs shall be awarded in each such
action as if it had been instituted as a separate action, unless the
order of severance otherwise provides. Where an action is removed,
except pursuant to subdivision (d) of section three hundred twenty-five
of this chapter, costs in the action shall be awarded as if it had been
instituted in the court to which it is removed, unless the order of
removal otherwise provides and as limited by section eighty-one hundred
two of this chapter. Where an action is removed pursuant to subdivision
(d) of section three hundred twenty-five of this chapter, costs in the
action shall be awarded as if it had remained in the court from which it
was removed, as limited by section eighty-one hundred two of this
chapter.

  S 8105. Costs where more than one plaintiff or defendant. Where a
judgment is entered in favor of two or more parties, they shall be
entitled, in all, to the same costs in the action as a single party,
unless the court otherwise orders.

  S 8106. Costs upon motion. Costs upon a motion may be awarded to any
party, in the discretion of the court, and absolutely or to abide the
event of the action.

  S 8107. Costs upon appeal. The party in whose favor an appeal is
decided in whole or in part is entitled to costs upon the appeal,
whether or not he is entitled to costs in the action, unless otherwise
provided by statute, rule or order of the appellate court. Where a new
trial is directed upon appeal, costs upon the appeal may be awarded
absolutely or to abide the event.

  S 8108. Specification of denial or award of costs. A denial of costs
in an action to a party in whose favor the judgment is entered, an award
of costs in an action to a party against whom the judgment is entered,
an award of separate costs in an action to one or more parties, or an
apportionment of costs among several parties, shall be made in the
direction of the court for judgment, or in the report or decision upon
which judgment is entered, or, upon motion of the party to be benefited
thereby, by an order of the judge or referee who presided at the trial.
The decision on a motion shall specify the amount of costs awarded upon
the motion, if any, and each party to whom they are awarded. The
decision on appeal shall specify the disposition made in regard to
costs.

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Article 81, Continued . . .

  S 8109. Defendant`s costs against the state. (a) Action brought for
benefit of municipal corporation. Costs awarded to the defendant in an
action brought by the state for the benefit of a municipal corporation
shall be awarded against the municipal corporation and not against the
state.
  (b) Payment of defendant`s costs against the state. Where costs are
awarded to the defendant and against the state in an action brought by a
public officer, and the proceedings have not been stayed, the
comptroller shall draw his warrant upon the treasurer for the payment of
the costs out of any money in the treasury appropriated for that
purpose, upon the production to him of an exemplified copy of the
judgment or order awarding the costs, a copy of a taxed bill of costs
and a certificate of the attorney-general to the effect that the action
was brought pursuant to law. The fees of the clerk for the exemplified
copy shall be certified thereupon by him and included in the warrant.

  S 8110. Costs against a fiduciary. Where costs are awarded against a
fiduciary, they shall be chargeable only upon the estate, fund or person
he represents, unless the court directs them to be paid personally for
mismanagement or bad faith in the prosecution or defense of the action.

NYCPLR Article 82

AMOUNT OF COSTS

        8201. Amount of costs in an action.
        8202. Amount of costs on motion.
        8203. Amount of costs on appeal to appellate division and
                appellate term.
        8204. Amount of costs on appeal to the court of appeals.

  S 8201. Amount of costs in an action. Costs awarded in an action shall
be in the amount of:
  1. two hundred dollars for all proceedings before a note of issue is
filed; plus
  2. two hundred dollars for all proceedings after a note of issue is
filed and before trial; plus
  3. three hundred dollars for each trial, inquest or assessment of
damages.

  S 8202. Amount of costs on motion. Costs awarded on a motion shall be
in an amount fixed by the court, not exceeding one hundred dollars.

  S 8203. Amount of costs on appeal to appellate division and appellate
term. (a) Unless the court awards a lesser amount, costs awarded on an
appeal to the appellate division shall be in the amount of two hundred
fifty dollars.
  (b) Costs on an appeal from a county court to an appellate term may be
awarded by the appellate term in its discretion, and if awarded shall be
as follows:
  1. to the appellant upon reversal, not more than thirty dollars;
  2. to the respondent upon affirmance, not more than twenty-five
dollars;
  3. to either party on modification, not more than twenty-five dollars.
  On appeal from any other court to an appellate term costs shall be
governed by the provisions of the applicable court act.

  S 8204. Amount of costs on appeal to the court of appeals. Unless the
court awards a lesser amount, costs awarded on an appeal to the court of
appeals shall be in the amount of five hundred dollars.