Legislation
SECTION 1903
Costs; additional provisions
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 19
§ 1903. Costs; additional provisions.
(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.
(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.