§ 8105.Costs where more than one plaintiff or defendant
Article 81. Costs Generally · Last amended 1963 · Last verified July 21, 2026
Full Text of CPLR 8105
Plain-English Summary
When a judgment is entered in favor of two or more parties, whether several plaintiffs or several defendants, CPLR 8105 treats them as one unit for costs purposes. Together they are entitled to no more costs than a single prevailing party would get.
The court retains authority to order a different result. It can, for example, permit separate costs to some or all of the winning parties, or otherwise apportion costs among them, when circumstances warrant departing from the one-award default.
Frequently Asked Questions
What happens to costs when a judgment favors more than one party?
Under CPLR 8105, those parties are entitled, in all, to the same costs a single prevailing party would receive.
Can the court award separate bills of costs to each winning party?
Yes. The court can order otherwise and allow separate costs or apportion costs among the parties.
Does CPLR 8105 apply to multiple plaintiffs, multiple defendants, or both?
It applies whenever a judgment is entered in favor of two or more parties, regardless of which side they are on.
Is a single award of costs the automatic outcome under this section?
Yes, unless the court orders otherwise, the default is one combined award equal to what a single party would recover.
Does CPLR 8105 set the dollar amount of the combined costs award?
No. The amount itself is set under Article 82; CPLR 8105 addresses only how that amount is shared among multiple prevailing parties.
Advisory Committee Notes
This section is new. Former decisional law allowed only one bill of costs except to prevailing defendants not united in interest who appeared in good faith, by separate attorneys. Under this section, separate costs could be awarded to some or all parties or the court could control the apportionment of costs.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.