2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 84 - (8401 - 8404) TAXATION OF COSTS
8401 - Computation by clerk.


NY CPLR § 8401 (2012) What's This?
 
    §  8401.  Computation  by  clerk.  Costs, disbursements and additional
  allowances shall be taxed by the clerk upon the application of the party
  entitled thereto. A  valuation  of  property  necessary  for  fixing  an
  additional  allowance  shall  be ascertained by the court, unless it has
  been fixed by the decision of the court, verdict of the jury, or  report
  of the referee or commissioners, upon which the judgment is entered. The
  clerk,  whether  or  not  objection  is  made,  shall  examine the bills
  presented to him for taxation; shall satisfy himself that all the  items
  allowed by him are correct and allowable; and shall strike out all items
  of  disbursements,  other than the prospective charges expressly allowed
  by  law,  not  supported  by  affidavit  showing  that  they  have  been
  necessarily  incurred  and  are  reasonable  in  amount. The clerk shall
  insert in  the  judgment  the  total  of  the  amount  taxed  as  costs,
  disbursements and additional allowances.

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