New York Civil Practice
Law & Rules

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.

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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.