2020 New York Laws
CVP - Civil Practice Law and Rules
Article 83 - Disbursements and Additional Allowances
8301 - Taxable Disbursements.

Universal Citation: NY CPLR § 8301 (2020)
§  8301.  Taxable  disbursements.  (a)  Disbursements  in action or on
appeal.  A party to whom costs are awarded in an action or on appeal  is
entitled to tax his necessary disbursements for:
  1. the legal fees of witnesses and of referees and other officers;
  2. the reasonable compensation of commissioners taking depositions;
  3.  the  legal  fees  for  publication,  where publication is directed
pursuant to law;
  4. the legal fees paid for a certified copy  of  a  paper  necessarily
obtained for use on the trial;
  5. the expense of securing copies of opinions and charges of judges;
  6.  the reasonable expenses of printing the papers for a hearing, when
required;
  7. the prospective charges for entering and docketing the judgment;
  8. the sheriff's fees for receiving and returning one execution;
  9. the reasonable expense of taking, and  making  two  transcripts  of
testimony  on  an  examination  before  trial, not exceeding two hundred
fifty dollars in any one action;
  10. the expenses of searches made  by  title  insurance,  abstract  or
searching  companies,  or  by  any  public  officer  authorized  to make
official searches and certify to the same, or by the  attorney  for  the
party to whom costs are awarded, taxable at rates not exceeding the cost
of similar official searches;
  11.   the   reasonable  expenses  actually  incurred  in  securing  an
undertaking to stay enforcement of a judgment subsequently reversed; and
  12. any fee imposed by section fifty-three of  the  general  municipal
law; and
  13.  such  other  reasonable  and  necessary  expenses  as are taxable
according to the course and practice of the court, by express  provision
of law or by order of the court.

(b) Disbursements on motion. Upon motion of any party made after the determination of a motion, or upon its own initiative, the court may allow any party thereto to tax as disbursements his reasonable and necessary expenses of the motion.

(c) Disbursements to party not awarded costs. The court may allow taxation of disbursements by a party not awarded costs in an action or on appeal; and shall allow taxation of disbursements by a party not awarded costs in an action for a sum of money only where he recovers the sum of fifty dollars or more.

(d) Reasonable fees taxable. Where an expense for a service performed, other than a search, is a taxable disbursement, the court may allow its taxation in an amount equal to the reasonable sum actually and necessarily expended therefor, if it is the usual charge made by private persons for the service, although it is in excess of the fee allowed a public officer.

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