New York Civil Practice
Law & Rules

NYCPLR Article 83

DISBURSEMENTS AND ADDITIONAL ALLOWANCES

        8301.   Taxable disbursements.
                  (a) Disbursements in action or on appeal.
                  (b) Disbursements on motion.
                  (c) Disbursements to party not awarded costs.
                  (d) Reasonable fees taxable.
        8302.   Additional allowance to plaintiff as of right in real
                  property actions.
                  (a) Actions in which allowance made.
                  (b) Amount of allowance.
                  (c) Additional allowance where action settled.
                  (d) Additional allowance in foreclosure action.
        8303.   Additional allowance in the discretion of the court.
                  (a) Discretionary allowance in action.
                  (b) Discretionary allowance on enforcement motion.
        8303-a. Costs upon frivolous claims and counterclaims in actions
                  to recover damages for personal injury, injury to
                  property or wrongful death.

  S 8301. Taxable disbursements. (a) Disbursements in action or on
appeal.  A party to whom costs are awarded in an action or on appeal is
entitled to tax his necessary disbursements for:
  1. the legal fees of witnesses and of referees and other officers;
  2. the reasonable compensation of commissioners taking depositions;
  3. the legal fees for publication, where publication is directed
pursuant to law;
  4. the legal fees paid for a certified copy of a paper necessarily
obtained for use on the trial;
  5. the expense of securing copies of opinions and charges of judges;
  6. the reasonable expenses of printing the papers for a hearing, when
required;
  7. the prospective charges for entering and docketing the judgment;
  8. the sheriff`s fees for receiving and returning one execution;
  9. the reasonable expense of taking, and making two transcripts of
testimony on an examination before trial, not exceeding two hundred
fifty dollars in any one action;
  10. the expenses of searches made by title insurance, abstract or
searching companies, or by any public officer authorized to make
official searches and certify to the same, or by the attorney for the
party to whom costs are awarded, taxable at rates not exceeding the cost
of similar official searches;
  11. the reasonable expenses actually incurred in securing an
undertaking to stay enforcement of a judgment subsequently reversed; and
  12. such other reasonable and necessary expenses as are taxable
according to the course and practice of the court, by express provision
of law or by order of the court.
  (b) Disbursements on motion. Upon motion of any party made after the
determination of a motion, or upon its own initiative, the court may
allow any party thereto to tax as disbursements his reasonable and
necessary expenses of the motion.  (c) Disbursements to party not
awarded costs. The court may allow taxation of disbursements by a party
not awarded costs in an action or on appeal; and shall allow taxation of
disbursements by a party not awarded costs in an action for a sum of
money only where he recovers the sum of fifty dollars or more.
  (d) Reasonable fees taxable. Where an expense for a service performed,
other than a search, is a taxable disbursement, the court may allow its
taxation in an amount equal to the reasonable sum actually and
necessarily expended therefor, if it is the usual charge made by private
persons for the service, although it is in excess of the fee allowed a
public officer.

  S 8302. Additional allowance to plaintiff as of right in real property
actions. (a) Actions in which allowance made. A plaintiff, if a judgment
is entered in his favor and he recovers costs, is entitled to an
additional allowance, in an action:
  1. to foreclose a mortgage upon real property; or
  2. for the partition of real property; or
  3. to compel the determination of a claim to real property.
  (b) Amount of allowance. An additional allowance under this rule shall
be computed upon the amount found to be due upon the mortgage, or the
value of the property which is partitioned or the claim to which is
determined, at the rate of:
  1. ten per cent of a sum not exceeding two hundred dollars; plus
  2. five per cent of any additional sum not exceeding eight hundred
dollars; plus
  3. two per cent of any additional sum not exceeding two thousand
dollars; plus
  4. one per cent of any additional sum not exceeding five thousand
dollars.
  (c) Additional allowance where action settled. Where an action
specified in subdivision (a) is settled before judgment, the plaintiff
is entitled to an additional allowance upon the amount paid upon the
settlement, computed at one-half of the rates set forth in subdivision
(b).
  (d) Additional allowance in foreclosure action. In an action to
foreclose a mortgage upon real property, a plaintiff entitled to an
additional allowance pursuant to subdivision (a) or (c) shall also be
entitled to the sum of fifty dollars. Where a part of the mortgage debt
is not due, if the judgment directs the sale of the whole property, the
additional allowance specified in subdivision (a) shall be computed as
provided in subdivision (b) upon the whole sum unpaid upon the mortgage.
If the judgment directs the sale of a part only, it shall be computed
upon the sum actually due, and if the court thereafter grants an order
directing the sale of the remainder or a part thereof, it shall be
computed upon the amount then due. The aggregate of additional
allowances so computed shall not exceed the sum which would have been
allowed if the entire sum secured by the mortgage had been due when the
judgment was entered.

 S 8303. Additional allowance in the discretion of the court. (a)
Discretionary allowance in action. Whether or not costs have been
awarded, the court before which the trial was had, or in which the
judgment was entered, on motion, may award:
  1. to any party to an action to foreclose a mortgage upon real
property, a sum not exceeding two and one-half percent of the sum due or
claimed to be due upon such mortgage, and not exceeding the sum of three
hundred dollars; or
  2. to any party to a difficult or extraordinary case, where a defense
has been interposed, a sum not exceeding five per cent of the sum
recovered or claimed, or of the value of the subject matter involved,
and not exceeding the sum of three thousand dollars; or
  3. to any party to an action for the partition of real property, a sum
not exceeding five per cent of the value of the subject matter involved
and not exceeding the sum of three thousand dollars; or
  4. to the fiduciary or to any party to an action which involves the
construction of a will or an intervivos trust instrument, such sums as
it deems reasonable for counsel fees and other expenses necessarily
incurred with respect to such construction in the action; and the court
may direct that the whole or any part of such allowance shall be paid to
the attorney rendering the services in the action, and may provide that
the determination of the amount of any allowance in connection therewith
be reserved for a supplemental order to be entered after the time to
appeal has expired, or if an appeal be taken, then after final
determination of the appeal; and a court on appeal may make a like award
and direction on appeal; or
  5. to the attorney for the petitioner in a proceeding to dispose of an
infant`s property, such sum as to the court may seem just and proper; or
  6. to the plaintiffs in an action or proceeding brought by the
attorney-general under articles twenty-two, twenty-two-A, twenty-three-A
or thirty-three or section three hundred ninety-one-b or five hundred
twenty-a of the general business law, or under subdivision twelve of
section sixty-three of the executive law, or under article twenty-three
of the arts and cultural affairs law, or in an action or proceeding
brought by the attorney-general under applicable statutes to dissolve a
corporation or for usurpation of public office, or unlawful exercise of
franchise or of corporate right, a sum not exceeding two thousand
dollars against each defendant.
  (b) Discretionary allowance on enforcement motion. The court, on a
motion relating to the enforcement of a judgment, may award to the
judgment creditor a sum not exceeding five per cent of the judgment or
fifty dollars, whichever is more.

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NYCPLR Article 83, Continued . . .

NYCPLR Article 84

NYCPLR Article 85

   S 8303-a. Costs upon frivolous claims and counterclaims in actions to
recover damages for personal injury, injury to property or wrongful
death.
  (a) If in an action to recover damages for personal injury, injury to
property or wrongful death, or an action brought by the individual who
committed a crime against the victim of the crime, and such action or
claim is commenced or continued by a plaintiff or a counterclaim,
defense or cross claim is commenced or continued by a defendant and is
found, at any time during the proceedings or upon judgment, to be
frivolous by the court, the court shall award to the successful party
costs and reasonable attorney`s fees not exceeding ten thousand dollars.
  (b) The costs and fees awarded under subdivision (a) of this section
shall be assessed either against the party bringing the action, claim,
cross claim, defense or counterclaim or against the attorney for such
party, or against both, as may be determined by the court, based upon
the circumstances of the case. Such costs and fees shall be in addition
to any other judgment awarded to the successful party.
  (c) In order to find the action, claim, counterclaim, defense or cross
claim to be frivolous under subdivision (a) of this section, the court
must find one or more of the following:
  (i) the action, claim, counterclaim, defense or cross claim was
commenced, used or continued in bad faith, solely to delay or prolong
the resolution of the litigation or to harass or maliciously injure
another;
  (ii) the action, claim, counterclaim, defense or cross claim was
commenced or continued in bad faith without any reasonable basis in law
or fact and could not be supported by a good faith argument for an
extension, modification or reversal of existing law. If the action,
claim, counterclaim, defense or cross claim was promptly discontinued
when the party or the attorney learned or should have learned that the
action, claim, counterclaim, defense or cross claim lacked such a
reasonable basis, the court may find that the party or the attorney did
not act in bad faith.

NYCPLR Article 84

TAXATION OF COSTS

        8401. Computation by clerk.
        8402. Taxation with notice.
        8403. Taxation without notice.
        8404. Judicial review of taxation or retaxation.

  S 8401. Computation by clerk. Costs, disbursements and additional
allowances shall be taxed by the clerk upon the application of the party
entitled thereto. A valuation of property necessary for fixing an
additional allowance shall be ascertained by the court, unless it has
been fixed by the decision of the court, verdict of the jury, or report
of the referee or commissioners, upon which the judgment is entered. The
clerk, whether or not objection is made, shall examine the bills
presented to him for taxation; shall satisfy himself that all the items
allowed by him are correct and allowable; and shall strike out all items
of disbursements, other than the prospective charges expressly allowed
by law, not supported by affidavit showing that they have been
necessarily incurred and are reasonable in amount. The clerk shall
insert in the judgment the total of the amount taxed as costs,
disbursements and additional allowances.

  S 8402. Taxation with notice. Costs may be taxed upon at least five
days` notice to each adverse party interested in reducing the amount
thereof except one against whom judgment was entered on default in
appearance. A copy of the bill of costs, specifying the items in detail,
and a copy of any supporting affidavits shall be served with the notice.

  S 8403. Taxation without notice. Costs may also be taxed without
notice.  A party who has taxed costs without notice shall immediately
serve a copy of the bill of costs upon each party who is entitled to
notice under section 8402.  Within five days after such service, any
such party may serve notice of retaxation of costs upon five days`
notice to the party who has taxed the costs, specifying the item as to
which retaxation is sought.

  S 8404. Judicial review of taxation or retaxation. Upon motion of any
interested party, on notice, the court may allow or disallow any item
objected to before the clerk; or it may order a retaxation before the
clerk and it may specify the grounds or the proof upon which an item may
be allowed or disallowed.

NYCPLR Article 85

SECURITY FOR COSTS

        8501. Security for costs.
                (a) As of right.
                (b) In court`s discretion.
        8502. Stay and dismissal on failure to give security.
        8503. Undertaking.

  S 8501. Security for costs. (a) As of right. Except where the
plaintiff has been granted permission to proceed as a poor person or is
the petitioner in a habeas corpus proceeding, upon motion by the
defendant without notice, the court or a judge thereof shall order
security for costs to be given by the plaintiffs where none of them is a
domestic corporation, a foreign corporation licensed to do business in
the state or a resident of the state when the motion is made.
  (b) In court`s discretion. Upon motion by the defendant with notice,
or upon its own initiative, the court may order the plaintiff to give
security for costs in an action by or against an assignee or trustee for
the benefit of creditors, a trustee, a receiver or debtor in possession
in bankruptcy, an official trustee or committee of a person imprisoned
in this state, an executor or administrator, the committee of a person
judicially declared to be incompetent, the conservator of a conservatee,
a guardian ad litem, or a receiver.

  S 8502. Stay and dismissal on failure to give security. Until security
for costs is given pursuant to the order of the court, all proceedings
other than to review or vacate such order shall be stayed. If the
plaintiff shall not have given security for costs at the expiration of
thirty days from the date of the order, the court may dismiss the
complaint upon motion by the defendant, and award costs in his favor.

  S 8503. Undertaking. Security for costs shall be given by an
undertaking in an amount of five hundred dollars in counties within the
city of New York, and two hundred fifty dollars in all other counties,
or such greater amount as shall be fixed by the court that the plaintiff
shall pay all legal costs awarded to the defendant.