This text of New York § 1902 (Allowance of costs) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1902. Allowance of costs.\n Upon issue joined and after trial, the prevailing party shall be\nallowed costs as follows, if he has appeared by attorney.\n (a) Where no counterclaims have been interposed and the final judgment\nis for money only, cost shall be based upon the judgment.\n (b) Where no counterclaims have been interposed and the final judgment\nfor plaintiff awards relief falling within both of the subdivisions of §\n1901 of this act, plaintiff's costs shall be governed by the subdivision\nunder which his costs would be greatest.\n (c) Where no counterclaims have been interposed, and plaintiff's\ncomplaint is dismissed, defendant's costs shall be those plaintiff would\nhave recovered if plaintiff were awarded judgment as prayed for in his\npleading.\n (d) If one or more c
Free access — add to your briefcase to read the full text and ask questions with AI
§ 1902. Allowance of costs.\n Upon issue joined and after trial, the prevailing party shall be\nallowed costs as follows, if he has appeared by attorney.\n (a) Where no counterclaims have been interposed and the final judgment\nis for money only, cost shall be based upon the judgment.\n (b) Where no counterclaims have been interposed and the final judgment\nfor plaintiff awards relief falling within both of the subdivisions of §\n1901 of this act, plaintiff's costs shall be governed by the subdivision\nunder which his costs would be greatest.\n (c) Where no counterclaims have been interposed, and plaintiff's\ncomplaint is dismissed, defendant's costs shall be those plaintiff would\nhave recovered if plaintiff were awarded judgment as prayed for in his\npleading.\n (d) If one or more counterclaims have been interposed, each party who\nrecovers judgment shall be credited with the costs applicable to either\nof the following, whichever is greater:\n 1. the costs applicable to the judgment he recovered, as if he\nrecovered it as plaintiff; or\n 2. the costs applicable to the relief demanded by his adversary's\npleading, as if all of such relief were granted to his adversary as\nplaintiff.\n If only one party is credited with costs, he shall be allowed such\ncosts. If both parties are credited with costs, the credit of each shall\nbe set off against the other and the difference shall be allowed as\ncosts to the party in favor of whom the difference exists.\n (e) If one or more counterclaims have been interposed, and both the\nplaintiff's complaint and the counterclaims are dismissed, each party\nshall be credited with the costs applicable to his adversary's pleading;\nthe credit of each shall then be set off against the other and the\ndifference awarded as costs to the party in favor of whom the difference\nexists. Neither party in such case shall be entitled to disbursements.\n (f) Causes of action pleaded in the alternative shall be treated as\none cause of action in determining costs. If the pleader recover\njudgment for any such relief, costs thereon shall be based upon the\nrelief awarded. If the case is one in which his adversary is entitled to\na credit for costs based upon the pleading which seeks relief in the\nalternative, such credit shall be calculated upon that relief demanded\nin such pleading on which costs would be greatest.\n