§ 8201.Amount of costs in an action

This section is derived from CPA § 1504-a, which was applicable only in the city of New York. CPA § 1504-a was enacted in 1951 (Laws 1951, c. 502) to replace CPA §§ 1504 and 1507 as they applied to the city of New York. The amendment was recommended by the county clerk of New York county, who noted in connection with the bill:

“This bill simplifies the taxation of costs. Its application is limited to the City of New York. It was approved at a conference of the representatives of the five County Clerks in the City of New York.” The new CPA § 1504-a reduced the number of items of costs listed in CPA § 1504 from thirteen to three, and yet left substantially unchanged the total amount of costs awarded to the successful party.

No effort has been made to increase or decrease the amount allowed for costs, as it was felt that that is a separate problem bearing no relation to simplification of procedure, which is all that the new CPLR proposes.

There is no logical basis for the items of costs formerly enumerated in CPA § 1504. Items were included or omitted from the section for reasons which might have existed a century ago, when the section was put in its recent form. Our advance in practice and procedure have long since removed any such rational explanation if, in fact, any ever existed.

Moreover, the items formerly cited in CPA § 1504 were not clear of doubt and a large body of case law, much of it unreported or buried in Law Journal decisions, has grown up. Only a comparatively few attorneys have adequate familiarity with the law of costs, and even court clerks, charged with administering the section, disagree as to the meaning of its items. It is not surprising therefore that its interpretation was a constant source of irritation to attorneys and court clerks.

CPA § 1504-a put the items of taxation on a more rational basis. The miscellaneous items specified in CPA § 1504 are eliminated and are replaced by the following three items of costs:

1. Costs before note of issue is filed, $25.

2. Additional costs after note of issue is filed, $50.

3. Additional costs for a trial or an inquest before the court, $75.

These items are clear. Taxation of costs will be simple and the items readily understandable. The amounts, $25, $50, and $75 were arrived at after a study of several hundred bills of costs in order to leave unchanged the total amount taxed. At the conference of County Clerk’s representatives hereinbefore referred to, it was estimated that the three items of costs proposed by this section represent approximately the amounts now being taxed under the existing miscellaneous provisions of CPA § 1504.

It was felt that CPA § 1504-a should be restricted in its application to the City of New York, as otherwise it might apply to actions in County Courts where the amount of costs taxed is usually much lower. [NY Legis Ann 44 (1951).].

Since CPA §§ 1504 and 1507 apply to County Courts as well as to the Supreme Court, the New York county clerk’s reluctance to recommend the change for the entire state seems unwarranted. Moreover, the committee is impressed with the success of the section in New York city over the past eight years.

CPA § 1517 has been deleted. That section provided for one and one-half times the normal costs to a prevailing defendant who was, or was directed by, a state officer acting in his official capacity, or who was acting under color of statutory authority. Those “increased costs” were minor and the actions in which they might have been incurred were rare. Special provision for them therefore does not appear to be warranted. Moreover, wherever practicable an attempt has been made to treat the state and the state officials in the same way as other parties. CPA § 1519 applied only to cases mentioned in CPA § 1517 and it is therefore also omitted.

CPA § 1511 has been omitted. It provided that “no greater sum shall be demanded as costs” upon a settlement that at the rates prescribed for costs in an action. Since a settlement is made by agreement of the parties, however, the amount of costs that a plaintiff might be entitled to if he were to refuse an offer of settlement and prevail would be taken into account in considering the offer and CPA § 1511 is unnecessary verbiage.

CPA § 1516 has also been omitted. It provided that a plaintiff entitled to multiple damages did not thereby become entitled to multiple costs. Since the amount of costs does not depend in any case upon the amount of damages recovered, the section is unnecessary. Where the single damages are so small that costs would be denied because the matter should have been prosecuted in an inferior court, recovery of multiple damages may entitle the plaintiff to costs.

Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1972, ch 734, § 8; L 1972, ch 735, § 6; L 1988, ch 101, § 1, eff Jan 1, 1989.