N.Y. Uniform Justice Court Act § 1903: Costs; additional provisions

§ 1903. Costs; additional provisions.

(a) Where the plaintiff recovers judgment either upon the defendant's

failure to answer or upon the defendant's answer and subsequent default

at the trial, costs allowed to plaintiff shall be at the full amount

prescribed in the foregoing sections of this article.

(b) Where judgment is recovered upon motion before trial, costs shall

be allowed in one-half of the amounts prescribed in the foregoing

sections of this article, except that no costs shall be awarded upon

granting partial judgment where the court shall find that the other

party, before the action was commenced, unconditionally tendered the

part found to be due.

(c) Where a party recovers judgment upon motion against a person for

damages for his disobedience to a court order or subpoena or for a

statutory penalty for the same, costs shall be allowed in one-half of

the amounts prescribed in the foregoing sections of this article.

(d) Plaintiff shall be allowed as costs for each necessary defendant

served with the summons by a person other than an enforcement officer,

one dollar and fifty cents, and for each necessary tenant served with

the notice of petition by a person other than an enforcement officer,

one dollar and fifty cents, and if there is a default in appearance by

the defendant or tenant, the sum of one dollar and fifty cents for

securing the affidavit that the defendant or tenant is not in military

service, required by the statutes of the United States.

(e) Upon settlement after service of summons and before trial,

plaintiff shall be entitled to costs in one-half of the amount

prescribed in the foregoing sections of this article, determined by the

settlement.

(f) Upon settlement during or after trial and before entry of

judgment, plaintiff shall be entitled to costs in the amount prescribed

in the foregoing sections of this article, determined by the settlement.

(g) Where the defendant discontinues his counterclaim before trial,

plaintiff shall be entitled to costs in one-half of the amount

prescribed in the foregoing sections of this article, and where the

defendant discontinues his counterclaim during trial plaintiff shall be

entitled to costs in the amount prescribed in said sections.

(h) Where the defendant recovers judgment on the plaintiff's failure

to appear, or upon a dismissal of the complaint for want of prosecution,

costs to be awarded to the defendant shall be at the full amount

prescribed in the foregoing sections of this article.

(i) Where no provision for costs is otherwise made, the court, in its

discretion, may award to a party a sum not exceeding ten dollars.

(j) Where judgment is entered pursuant to the filing of a confession

of judgment, costs shall be allowed to the successful party in one-half

of the amount prescribed in the foregoing sections of this article.

(k) When two or more plaintiffs join in one complaint, the plaintiffs

jointly shall be entitled to recover only one bill of costs against the

defendant in the amount prescribed in the foregoing sections of this

article, said bill of costs to be equal to that of the plaintiff whose

bill of cost would be greatest; where the defendant is successful in

such action, a single bill of costs shall be awarded to him against all

co-plaintiffs jointly, in the amounts prescribed in the foregoing

sections of this article, based upon the relief prayed for by that

plaintiff whose bill of costs, if he recovered such relief, would be

greatest.

(l) Where, in an action against two or more defendants, the plaintiff

is entitled to costs against one or more, but not against all of them,

none of the defendants is entitled to costs, of course. In such a case,

costs may be awarded in the discretion of the court to any defendant

against whom the plaintiff is not entitled to costs, where he did not

unite in an answer, and was not united in interest, with a defendant

against whom the plaintiff is entitled to costs.

(m) Costs in a summary proceeding to recover possession of real

property shall consist of the sums specified in subdivision (d) of this

section plus, as a disbursement, if paid, the fee provided for issuance

of a notice of petition by subparagraph j of paragraph one of

subdivision (a) of section nineteen hundred eleven of this article. Such

costs shall be exclusive in such proceeding and shall constitute the sum

to be awarded as costs by the judgment pursuant to section seven hundred

forty-seven of the real property actions and proceedings law, except

insofar as additional costs may be imposed pursuant to subdivision three

of said section.