N.Y. Uniform Just. Ct. Act § 1902

Current through 2024 NY Law Chapter 456

Section 1902 - Allowance of costs

Upon issue joined and after trial, the prevailing party shall be allowed costs as follows, if he has appeared by attorney.

(a) Where no counterclaims have been interposed and the final judgment is for money only, cost shall be based upon the judgment.

(b) Where no counterclaims have been interposed and the final judgment for plaintiff awards relief falling within both of the subdivisions of § 1901 of this act, plaintiff's costs shall be governed by the subdivision under which his costs would be greatest.

(c) Where no counterclaims have been interposed, and plaintiff's complaint is dismissed, defendant's costs shall be those plaintiff would have recovered if plaintiff were awarded judgment as prayed for in his pleading.

(d) If one or more counterclaims have been interposed, each party who recovers judgment shall be credited with the costs applicable to either of the following, whichever is greater:

1. the costs applicable to the judgment he recovered, as if he recovered it as plaintiff; or

2. the costs applicable to the relief demanded by his adversary's pleading, as if all of such relief were granted to his adversary as plaintiff.

If only one party is credited with costs, he shall be allowed such costs. If both parties are credited with costs, the credit of each shall be set off against the other and the difference shall be allowed as costs to the party in favor of whom the difference exists.

(e) If one or more counterclaims have been interposed, and both the plaintiff's complaint and the counterclaims are dismissed, each party shall be credited with the costs applicable to his adversary's pleading; the credit of each shall then be set off against the other and the difference awarded as costs to the party in favor of whom the difference exists. Neither party in such case shall be entitled to disbursements.

(f) Causes of action pleaded in the alternative shall be treated as one cause of action in determining costs. If the pleader recover judgment for any such relief, costs thereon shall be based upon the relief awarded. If the case is one in which his adversary is entitled to a credit for costs based upon the pleading which seeks relief in the alternative, such credit shall be calculated upon that relief demanded in such pleading on which costs would be greatest.

N.Y. Uniform Justice Court § 1902