Section 1903. Costs; additional provisions  


Latest version.
  • (a)  Where the plaintiff recovers judgment either upon the defendant's
      failure to answer or upon the defendant's answer and subsequent  default
      at  the  trial,  costs  allowed to plaintiff shall be at the full amount
      prescribed in the foregoing sections of this article.
        (b) Where judgment is recovered upon motion before trial, costs  shall
      be  allowed  in  one-half  of  the  amounts  prescribed in the foregoing
      sections of this article, except that no costs  shall  be  awarded  upon
      granting  partial  judgment  where  the  court shall find that the other
      party, before the action was  commenced,  unconditionally  tendered  the
      part found to be due.
        (c)  Where  a party recovers judgment upon motion against a person for
      damages for his disobedience to a court  order  or  subpoena  or  for  a
      statutory  penalty  for  the same, costs shall be allowed in one-half of
      the amounts prescribed in the foregoing sections of this article.
        (d) Plaintiff shall be allowed as costs for each  necessary  defendant
      served  with  the summons by a person other than an enforcement officer,
      one dollar and fifty cents, and for each necessary  tenant  served  with
      the  notice  of  petition by a person other than an enforcement officer,
      one dollar and fifty cents, and if there is a default in  appearance  by
      the  defendant  or  tenant,  the  sum  of one dollar and fifty cents for
      securing the affidavit that the defendant or tenant is not  in  military
      service, required by the statutes of the United States.
        (e)  Upon  settlement  after  service  of  summons  and  before trial,
      plaintiff  shall  be  entitled  to  costs  in  one-half  of  the  amount
      prescribed  in the foregoing sections of this article, determined by the
      settlement.
        (f) Upon  settlement  during  or  after  trial  and  before  entry  of
      judgment,  plaintiff shall be entitled to costs in the amount prescribed
      in the foregoing sections of this article, determined by the settlement.
        (g) Where the defendant discontinues his  counterclaim  before  trial,
      plaintiff  shall  be  entitled  to  costs  in  one-half  of  the  amount
      prescribed in the foregoing sections of  this  article,  and  where  the
      defendant  discontinues his counterclaim during trial plaintiff shall be
      entitled to costs in the amount prescribed in said sections.
        (h) Where the defendant recovers judgment on the  plaintiff's  failure
      to appear, or upon a dismissal of the complaint for want of prosecution,
      costs  to  be  awarded  to  the  defendant  shall  be at the full amount
      prescribed in the foregoing sections of this article.
        (i) Where no provision for costs is otherwise made, the court, in  its
      discretion, may award to a party a sum not exceeding ten dollars.
        (j)  Where  judgment is entered pursuant to the filing of a confession
      of judgment, costs shall be allowed to the successful party in  one-half
      of the amount prescribed in the foregoing sections of this article.
        (k)  When two or more plaintiffs join in one complaint, the plaintiffs
      jointly shall be entitled to recover only one bill of costs against  the
      defendant  in  the  amount  prescribed in the foregoing sections of this
      article, said bill of costs to be equal to that of the  plaintiff  whose
      bill  of  cost  would  be greatest; where the defendant is successful in
      such action, a single bill of costs shall be awarded to him against  all
      co-plaintiffs  jointly,  in  the  amounts  prescribed  in  the foregoing
      sections of this article, based upon  the  relief  prayed  for  by  that
      plaintiff  whose  bill  of  costs, if he recovered such relief, would be
      greatest.
        (l) Where, in an action against two or more defendants, the  plaintiff
      is  entitled  to costs against one or more, but not against all of them,
      none of the defendants is entitled to costs, of course. In such a  case,
      costs  may  be  awarded  in the discretion of the court to any defendant
    
      against whom the plaintiff is not entitled to costs, where  he  did  not
      unite  in  an  answer,  and was not united in interest, with a defendant
      against whom the plaintiff is entitled to costs.
        (m)  Costs  in  a  summary  proceeding  to  recover possession of real
      property shall consist of the sums specified in subdivision (d) of  this
      section  plus, as a disbursement, if paid, the fee provided for issuance
      of  a  notice  of  petition  by  subparagraph  j  of  paragraph  one  of
      subdivision (a) of section nineteen hundred eleven of this article. Such
      costs shall be exclusive in such proceeding and shall constitute the sum
      to be awarded as costs by the judgment pursuant to section seven hundred
      forty-seven  of  the  real  property actions and proceedings law, except
      insofar as additional costs may be imposed pursuant to subdivision three
      of said section.