§ 8301 — Taxable disbursements

New York § 8301

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 83: Disbursements and Additional Allowances

Text

§ 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 compensation of commissioners taking depositions;\n 3. the legal fees for publication, where publication is directed\npursuant to law;\n 4. the legal fees paid for a certified copy of a paper necessarily\nobtained for use on the trial;\n 5. the expense of securing copies of opinions and charges of judges;\n 6. the reasonable expenses of printing the papers for a hearing, when\nrequired;\n 7. the prospective charges for entering and docketing the judgment;\n 8. the sheriff's fees for receiving and returning one execution;\n 9. the reasonable expense of taking, and making two transcripts of\ntestimony on an examination before trial, not exceeding two hundred\nfifty dollars in any one action;\n 10. the expenses of searches made by title insurance, abstract or\nsearching companies, or by any public officer authorized to make\nofficial searches and certify to the same, or by the attorney for the\nparty to whom costs are awarded, taxable at rates not exceeding the cost\nof similar official searches;\n 11. the reasonable expenses actually incurred in securing an\nundertaking to stay enforcement of a judgment subsequently reversed; and\n 12. any fee imposed by section fifty-three of the general municipal\nlaw; and\n 13. such other reasonable and necessary expenses as are taxable\naccording to the course and practice of the court, by express provision\nof law or by order of the court.\n (b) Disbursements on motion. Upon motion of any party made after the\ndetermination of a motion, or upon its own initiative, the court may\nallow any party thereto to tax as disbursements his reasonable and\nnecessary expenses of the motion.\n (c) Disbursements to party not awarded costs. The court may allow\ntaxation of disbursements by a party not awarded costs in an action or\non appeal; and shall allow taxation of disbursements by a party not\nawarded costs in an action for a sum of money only where he recovers the\nsum of fifty dollars or more.\n (d) Reasonable fees taxable. Where an expense for a service performed,\nother than a search, is a taxable disbursement, the court may allow its\ntaxation in an amount equal to the reasonable sum actually and\nnecessarily expended therefor, if it is the usual charge made by private\npersons for the service, although it is in excess of the fee allowed a\npublic officer.\n