N.Y. Civil Practice Law & Rules § 8107: Costs upon appeal

§ 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.