Title CVP, Civil Practice Law & Rules

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

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

§ 8018. Index number fees of county clerks. (a) Amount of fee. 1. A\ncounty clerk is entitled, for the assignment of an index number to an\naction pending in a court of which he or she is clerk, to a fee of: (i)\none hundred ninety dollars; and (ii) in an action to foreclose pur…

§ 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\nrenders a service in his capacity as clerk of the supreme or a county\ncourt, in an action pending in such court, he is entitled to the fees\nspecified in this section, payable in advance.\n (a) Placing cause on …

§ 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)\nA county clerk, upon filing a notice of appeal, is entitled to a fee of\nsixty-five dollars, payable in advance.\n (b) The clerks of the appellate divisions of the supreme court and the\nclerk of the court of…

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

§ 8102. Limitation of costs where action brought in higher court. A\nplaintiff is not entitled to costs:\n 1. in an action brought in the supreme court in a county within the\ncity of New York which could have been brought, except for the amount\nclaimed, in the civil court of t…

§ 8103. Costs where parties prevail upon separate issues. Upon the\nrecovery of a judgment in favor of the plaintiff, the court may award\ncosts in the action to a defendant without denying costs to the\nplaintiff, if it determines that a cause of action upon which the\ndefendan…

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

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

§ 8106. Costs upon motion. Costs upon a motion may be awarded to any\nparty, in the discretion of the court, and absolutely or to abide the\nevent of the action.\n

§ 8107. Costs upon appeal. The party in whose favor an appeal is\ndecided in whole or in part is entitled to costs upon the appeal,\nwhether or not he is entitled to costs in the action, unless otherwise\nprovided by statute, rule or order of the appellate court. Where a new\ntr…

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

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

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

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

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

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

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

§ 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\nactions. (a) Actions in which allowance made. A plaintiff, if a judgment\nis entered in his favor and he recovers costs, is entitled to an\nadditional allowance, in an action:\n 1. to foreclose a mortgage up…

§ 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\nrecover damages for personal injury, injury to property or wrongful\ndeath.\n (a) If in an action to recover damages for personal injury, injury to\nproperty or wrongful death, or an action brought by the ind…

§ 8401. Computation by clerk. Costs, disbursements and additional\nallowances shall be taxed by the clerk upon the application of the party\nentitled thereto. A valuation of property necessary for fixing an\nadditional allowance shall be ascertained by the court, unless it has\n…

§ 8402. Taxation with notice. Costs may be taxed upon at least five\ndays' notice to each adverse party interested in reducing the amount\nthereof except one against whom judgment was entered on default in\nappearance. A copy of the bill of costs, specifying the items in detail,…

§ 8403. Taxation without notice. Costs may also be taxed without\nnotice. A party who has taxed costs without notice shall immediately\nserve a copy of the bill of costs upon each party who is entitled to\nnotice under section 8402. Within five days after such service, any\nsuch…

§ 8404. Judicial review of taxation or retaxation. Upon motion of any\ninterested party, on notice, the court may allow or disallow any item\nobjected to before the clerk; or it may order a retaxation before the\nclerk and it may specify the grounds or the proof upon which an it…

§ 8501. Security for costs. (a) As of right. Except where the\nplaintiff has been granted permission to proceed as a poor person or is\nthe petitioner in a habeas corpus proceeding, upon motion by the\ndefendant without notice, the court or a judge thereof shall order\nsecurity …

§ 8502. Stay and dismissal on failure to give security. Until security\nfor costs is given pursuant to the order of the court, all proceedings\nother than to review or vacate such order shall be stayed. If the\nplaintiff shall not have given security for costs at the expiration …

§ 8503. Undertaking. Security for costs shall be given by an\nundertaking in an amount of five hundred dollars in counties within the\ncity of New York, and two hundred fifty dollars in all other counties,\nor such greater amount as shall be fixed by the court that the plaintiff…

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

§ 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:\n (a) "Action" means any civil action or proceeding brought to seek\njudicial review of an action of the state as defined in subdivision (g)\nof this section, including an appellate proceeding, but does not include\nan action…

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

§ 8604. Annual report. The department of law shall file with the\ngovernor, the speaker of the assembly and the temporary president of the\nsenate an annual report describing the number, nature and amount of each\naward in the previous fiscal year including the agency involved i…

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

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

Rule 9002. Death, disability or incapacity of judge following verdict,\nreport, decision, or determination of motion or special proceeding.\n The death, sickness, resignation, removal from or expiration of office\nor other disability or legal incapacity of a judge following his\…

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

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

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

§ 903. Description of class. The order permitting a class action shall\ndescribe the class. When appropriate the court may limit the class to\nthose members who do not request exclusion from the class within a\nspecified time after notice.\n

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

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

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

Rule 907. Orders in conduct of class actions. In the conduct of class\nactions the court may make appropriate orders:\n 1. determining the course of proceedings or prescribing measures to\nprevent undue repetition or complication in the presentation of evidence\nor argument;\n 2…

Rule 908. Dismissal, discontinuance or compromise. A class action\nshall not be dismissed, discontinued, or compromised without the\napproval of the court. Notice of the proposed dismissal,\ndiscontinuance, or compromise shall be given to all members of the class\nin such manner…

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