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 severed into two or more actions, costs shall be awarded in each such action as if it had been instituted as a separate action, unless the order of severance otherwise provides. Where an action is removed, except pursuant to subdivision (d) of section three hundred twenty-five of this chapter, costs in the action shall be awarded as if it had been instituted in the court to which it is removed, unless the order of removal otherwise provides and as limited by section eighty-one hundred two of this chapter. Where an action is removed pursuant to subdivision (d) of section three hundred twenty-five of this chapter, costs in the action shall be awarded as if it had remained in the court from which it was removed, as limited by section eighty-one hundred two of this chapter.
§ 8104.Costs in consolidated, severed or removed action
Article 81. Costs Generally · Last amended 1991 · Last verified July 21, 2026
In one sentenceCPLR 8104 sets the default rule for how costs are calculated when actions are consolidated, when an action is severed into separate actions, or when an action is removed to another court.
Full Text of CPLR 8104
Plain-English Summary
CPLR 8104 fills a gap that arises whenever a case's procedural path changes mid-stream. When two or more actions are consolidated, costs in the consolidated action are awarded as if it had always been one action, unless the consolidation order says otherwise. When an action is severed into two or more actions, costs in each resulting action are awarded as if it had been a separate action from the start, unless the severance order says otherwise.
Removal gets two rules depending on the type of removal. For most removals, costs are awarded as if the action had been instituted in the court to which it was removed, unless the removal order provides otherwise, and subject to the recovery-threshold limits of CPLR 8102. For removal under subdivision (d) of CPLR 325, costs are instead awarded as if the action had remained in the court it was removed from, again subject to CPLR 8102.
Each of these defaults can be displaced by the court's own order at the time of consolidation, severance, or removal, so the section operates as a fallback rather than a fixed outcome.
Frequently Asked Questions
How are costs calculated after actions are consolidated?
As if the consolidated action had been instituted as a single action from the outset, unless the order of consolidation provides otherwise.
How are costs calculated after an action is severed?
Costs are awarded in each resulting action as if it had been instituted as a separate action, unless the order of severance says otherwise.
What is the default costs rule for a removed action?
Generally, costs are awarded as if the action had been instituted in the court to which it was removed, unless the removal order provides otherwise and subject to the CPLR 8102 recovery limits.
Does removal under CPLR 325(d) work differently?
Can a court change these default costs rules?
Yes. The order of consolidation, severance, or removal can direct a different treatment of costs than the default in CPLR 8104.
Why does CPLR 8104 reference CPLR 8102?
Because a removal or filing decision can put a case in a court above what the recovery would justify, so the recovery-threshold limits in CPLR 8102 still apply to cap costs.
Advisory Committee Notes
This section is new. With respect to consolidated actions, it changes the former decisional law which precluded any costs for the period before the consolidation, unless the order of consolidation provided for them. See P. V. Baranowsky Co., Ltd. v Guaranty Trust Co., 247 App Div 169, 286 NY Sup 997 (1st Dep’t 1936); Gwizdak v Netherland Cab Co., 51 NYS2d 560 (Sup Ct 1944); Kelley v Kelley, 123 Misc 583, 205 NY Supp 737 (Sup Ct 1924). With respect to severance, the former law was unclear. If judgment was entered for part of the claim, CPA § 1480 seemed to deny costs on the judgment, when the remainder was severed and continued. See notes to § 8101. With respect to removal, this section probably represents the former law. Disbursements for fees and expenses incurred in the court from which the action was removed are covered by rule 326(c).
Unless special circumstances dictate a change, this section seems the most equitable, for it treats a severance as a finding that the actions should have been brought separately, a consolidation as a finding that they should have been joined, and a removal as a finding that the action should have been brought in the court to which it was removed.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1990, ch 64, § 1, eff Jan 1, 1991.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: costs consolidated action New Yorkcosts severed action New Yorkcosts removed action CPLRCPLR 325(d) costsNew York costs after removal to another court