Title CVP, Civil Practice Law & Rules

§ 8016. Clerks of courts of record generally. (a) Fees of clerks in actions. Except where a greater fee is allowed by another statute for the same service, each clerk of a court of record, except the clerk of the civil court of the city of New York, except a county clerk, except…

§ 8017. Exemption of the state and counties, and agencies and officers thereof, from fees of clerks. (a) Notwithstanding any other provision of this article or any other general, special or local law relating to fees of clerks, no clerk shall charge or collect a fee from the sta…

§ 8018. Index number fees of county clerks. (a) Amount of fee. 1. A county clerk is entitled, for the assignment of an index number to an action pending in a court of which he or she is clerk, to a fee of: (i) one hundred ninety dollars; and (ii) in an action to foreclose pursua…

§ 8019. County clerks generally. (a) Application. The fees of a county\nclerk specified in this article shall supersede the fees allowed by any\nother statute for the same services, except in so far as the\nadministrative code of the city of New York sets forth different fees\nf…

§ 8020. County clerks as clerks of court. Whenever a county clerk renders a service in his capacity as clerk of the supreme or a county court, in an action pending in such court, he is entitled to the fees specified in this section, payable in advance. (a) Placing cause on calen…

§ 8021. County clerks other than as clerks of court. Whenever a county\nclerk renders a service other than in his capacity as clerk of the\nsupreme or a county court, or other than in an action pending in a court\nof which he is clerk, he is entitled to the fees specified in thi…

§ 8022. Fee on civil appeals proceedings before appellate courts. (a) A county clerk, upon filing a notice of appeal, is entitled to a fee of sixty-five dollars, payable in advance. (b) The clerks of the appellate divisions of the supreme court and the clerk of the court of appe…

§ 8101. Costs in an action. The party in whose favor a judgment is entered is entitled to costs in the action, unless otherwise provided by statute or unless the court determines that to so allow costs would not be equitable, under all of the circumstances.

§ 8102. Limitation of costs where action brought in higher court. A plaintiff is not entitled to costs: 1. in an action brought in the supreme court in a county within the city of New York which could have been brought, except for the amount claimed, in the civil court of the ci…

§ 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 pr…

§ 8104. Costs in consolidated, severed or removed action. Where two or more actions are consolidated, costs shall be awarded in the consolidated action as if it had been instituted as a single action, unless the order of consolidation otherwise provides. Where an action is sever…

§ 8105. Costs where more than one plaintiff or defendant. Where a judgment is entered in favor of two or more parties, they shall be entitled, in all, to the same costs in the action as a single party, unless the court otherwise orders.

§ 8106. Costs upon motion. Costs upon a motion may be awarded to any party, in the discretion of the court, and absolutely or to abide the event of the action.

§ 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 …

§ 8108. Specification of denial or award of costs. A denial of costs in an action to a party in whose favor the judgment is entered, an award of costs in an action to a party against whom the judgment is entered, an award of separate costs in an action to one or more parties, or…

§ 8109. Defendant's costs against the state. (a) Action brought for benefit of municipal corporation. Costs awarded to the defendant in an action brought by the state for the benefit of a municipal corporation shall be awarded against the municipal corporation and not against th…

§ 8110. Costs against a fiduciary. Where costs are awarded against a fiduciary, they shall be chargeable only upon the estate, fund or person he represents, unless the court directs them to be paid personally for mismanagement or bad faith in the prosecution or defense of the ac…

§ 8201. Amount of costs in an action. Costs awarded in an action shall be in the amount of: 1. two hundred dollars for all proceedings before a note of issue is filed; plus 2. two hundred dollars for all proceedings after a note of issue is filed and before trial; plus 3. three …

§ 8202. Amount of costs on motion. Costs awarded on a motion shall be in an amount fixed by the court, not exceeding one hundred dollars.

§ 8203. Amount of costs on appeal to appellate division and appellate term. (a) Unless the court awards a lesser amount, costs awarded on an appeal to the appellate division shall be in the amount of two hundred fifty dollars. (b) Costs on an appeal from a county court to an app…

§ 8204. Amount of costs on appeal to the court of appeals. Unless the court awards a lesser amount, costs awarded on an appeal to the court of appeals shall be in the amount of five hundred dollars.

§ 8301. Taxable disbursements. (a) Disbursements in action or on\nappeal. A party to whom costs are awarded in an action or on appeal is\nentitled to tax his necessary disbursements for:\n 1. the legal fees of witnesses and of referees and other officers;\n 2. the reasonable com…

§ 8302. Additional allowance to plaintiff as of right in real property actions. (a) Actions in which allowance made. A plaintiff, if a judgment is entered in his favor and he recovers costs, is entitled to an additional allowance, in an action: 1. to foreclose a mortgage upon re…

§ 8303. Additional allowance in the discretion of the court. (a)\nDiscretionary allowance in action. Whether or not costs have been\nawarded, the court before which the trial was had, or in which the\njudgment was entered, on motion, may award:\n 1. to any party to an action to …

§ 8303-a. Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death. (a) If in an action to recover damages for personal injury, injury to property or wrongful death, or an action brought by the individu…

§ 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…

§ 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, an…

§ 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 par…

§ 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 …

§ 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 …

§ 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 …

§ 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 sh…

§ 8600. Intent and short title. It is the intent of this article, which may hereafter be known and cited as the "New York State Equal Access to Justice Act", to create a mechanism authorizing the recovery of counsel fees and other reasonable expenses in certain actions against t…

§ 8601. Fees and other expenses in certain actions against the state.\n(a) When awarded. In addition to costs, disbursements and additional\nallowances awarded pursuant to sections eight thousand two hundred one\nthrough eight thousand two hundred four and eight thousand three h…

§ 8602. Definitions. For the purpose of this article: (a) "Action" means any civil action or proceeding brought to seek judicial review of an action of the state as defined in subdivision (g) of this section, including an appellate proceeding, but does not include an action brou…

§ 8603. Interest. If the state appeals an award made pursuant to this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award. Such interest shall run from the date of the award through the day before the date of the affirmance.

§ 8604. Annual report. The department of law shall file with the governor, the speaker of the assembly and the temporary president of the senate an annual report describing the number, nature and amount of each award in the previous fiscal year including the agency involved in e…

§ 8605. Applicability. (a) Nothing contained in this article shall be construed to alter or modify the other provisions of this chapter where applicable to actions other than actions against the state. (b) Nothing contained in this article shall be deemed to authorize the instit…

Rule 9001. No abatement by failure, adjournment, or change of time or place of term of court. When a term of a court fails or is adjourned or the time or place of holding it is changed, all persons are bound to appear and all proceedings shall continue at the time and place to w…

Rule 9002. Death, disability or incapacity of judge following verdict, report, decision, or determination of motion or special proceeding. The death, sickness, resignation, removal from or expiration of office or other disability or legal incapacity of a judge following his verd…

Rule 9003. Running of time when county judge disqualified from acting in a case. If a county judge is disqualified from acting in any case pending in his court and files a certificate pursuant to judiciary law section one hundred ninety-two, the time within which any proceeding …

§ 901. Prerequisites to a class action. a. One or more members of a class may sue or be sued as representative parties on behalf of all if: 1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; 2. there are questions …

§ 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An or…

§ 903. Description of class. The order permitting a class action shall describe the class. When appropriate the court may limit the class to those members who do not request exclusion from the class within a specified time after notice.

§ 904. Notice of class action. (a) In class actions brought primarily for injunctive or declaratory relief, notice of the pendency of the action need not be given to the class unless the court finds that notice is necessary to protect the interests of the represented parties and…

§ 905. Judgment. The judgment in an action maintained as a class action, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class.

§ 906. Actions conducted partially as class actions. When appropriate, 1. an action may be brought or maintained as a class action with respect to particular issues, or 2. a class may be divided into subclasses and each subclass treated as a class. The provisions of this article…

Rule 907. Orders in conduct of class actions. In the conduct of class actions the court may make appropriate orders: 1. determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; 2. requi…

Rule 908. Dismissal, discontinuance or compromise. A class action shall not be dismissed, discontinued, or compromised without the approval of the court. Notice of the proposed dismissal, discontinuance, or compromise shall be given to all members of the class in such manner as …

Rule 909. Attorneys' fees. If a judgment in an action maintained as a class action is rendered in favor of the class, the court in its discretion may award attorneys' fees to the representatives of the class and/or to any other person that the court finds has acted to benefit th…