New York Taxation Of Costs, Charges And Expenses.
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§ 5-326 Taxation of costs, charges and expenses. a. The bill of the
reasonable and necessary costs, charges and expenses which by law are
required to be taxed shall not be paid or allowed until they shall have
been taxed by the court after notice given as in this section provided.
Upon such taxation, due proof of the nature and extent of the services
rendered and the disbursements charged shall be furnished, and no
unnecessary costs or charges shall be allowed. All items in the bill
shall be stated in detail and shall be accompanied by such proof of the
reasonableness thereof and the necessity therefor, as is now required by
law and the practice of the court upon taxation of costs and
disbursements in other special proceedings or actions in such court.
Proof by affidavit shall also be given of the dates of rendering
services. No such claim for compensation, in a capital project
proceeding, shall be allowed or paid unless it be accompanied by a
certificate of the comptroller setting forth that the same has been
audited and examined, and further certifying the result of such audit
and examination. Such certificate shall be presumptive evidence of the
correctness, reasonableness and necessity of such bill.
b. In a capital project proceeding, the corporation counsel shall be
given five days' notice of the taxation of the bill of costs, charges
and expenses.
c. Property owners appearing in the proceedings shall not be entitled
to recover counsel fees, costs, disbursements or allowances, except as
provided in sections seven hundred one and seven hundred two of the
eminent domain procedure law.