N.Y. Civil Practice Law & Rules § 8103: Costs where parties prevail upon separate issues

§ 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.