G & L Discount Corp. v. Carroll

New York Supreme Court

G & L Discount Corp. v. Carroll

112 Misc. 2d 36, 447 N.Y.S.2d 421, 1981 N.Y. Misc. LEXIS 3403

New York Supreme Court·Decided December 16, 1981·Published

Opinion

OPINION OF THE COURT

Vincent R. Balletta, Jr., J.

Motion by the plaintiff for an order granting the plaintiff leave to file an amended judgment in the total sum of $108.38 is granted, there being no opposition.

On October 27, 1981, the plaintiff entered a default judgment against the defendant in the sum of $81.98. Plaintiff sought to have its disbursements in the sum of $26.40 added to the judgment but the clerk refused to do so.

While the clerk would properly refuse to enter costs since the amount recovered did not exceed $500 (CPLR 8102), the plaintiff is entitled to recover disbursements by virtue of CPLR 8301 (subd [c]), which provides in pertinent part: “The court * * * shall allow taxation of disbursements by a party not awarded costs in an action for a sum of money only where he recovers the sum of fifty dollars or more.”

Since in this action the plaintiff has recovered more than $50, it is entitled to disbursements, and upon service of a copy of this order upon the County Clerk, the plaintiff shall be permitted to enter an amended judgment in the sum of $108.38.

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OPINION OF THE COURT

Vincent R. Balletta, Jr., J.

Motion by the plaintiff for an order granting the plaintiff leave to file an amended judgment in the total sum of $108.38 is granted, there being no opposition.

On October 27, 1981, the plaintiff entered a default judgment against the defendant in the sum of $81.98. Plaintiff sought to have its disbursements in the sum of $26.40 added to the judgment but the clerk refused to do so.

While the clerk would properly refuse to enter costs since the amount recovered did not exceed $500 (CPLR 8102), the plaintiff is entitled to recover disbursements by virtue of CPLR 8301 (subd [c]), which provides in pertinent part: “The court * * * shall allow taxation of disbursements by a party not awarded costs in an action for a sum of money only where he recovers the sum of fifty dollars or more.”

Since in this action the plaintiff has recovered more than $50, it is entitled to disbursements, and upon service of a copy of this order upon the County Clerk, the plaintiff shall be permitted to enter an amended judgment in the sum of $108.38.

G & L Discount Corp. v. Carroll, 112 Misc. 2d 36, 447 N.Y.S.2d 421, 1981 N.Y. Misc. LEXIS 3403 (N.Y. Super. Ct. 1981).

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