New York Statutes
§ 8103 — Costs where parties prevail upon separate issues
§ 8103. Costs where parties prevail upon separate issues. Upon the\nrecovery of a judgment in favor of the plaintiff, the court may award\ncosts in the action to a defendant without denying costs to the\nplaintiff, if it determines that a cause of action upon which the\ndefendant prevailed is not substantially the same as any cause of action\nupon which the plaintiff recovered the judgment.\n
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