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This entry was published on 2014-09-22
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SECTION 8103
Costs where parties prevail upon separate issues
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 81
§ 8103. Costs where parties prevail upon separate issues. Upon the
recovery of a judgment in favor of the plaintiff, the court may award
costs in the action to a defendant without denying costs to the
plaintiff, if it determines that a cause of action upon which the
defendant prevailed is not substantially the same as any cause of action
upon which the plaintiff recovered the judgment.