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N.Y. CPLR § 8301

N.Y. CPLR § 8301 - Taxable Disbursements (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 8301, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8301 Taxable disbursements § 8301. Taxable disbursements. (a) Disbursements in action or onappeal. A party to whom costs are awarded in an action or on appeal isentitled 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 directedpursuant to law;4. the legal fees paid for a certified copy of a paper necessarilyobtained 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, whenrequired;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 oftestimony on an examination before trial, not exceeding two hundredfifty dollars in any one action;10. the expenses of searches made by title insurance, abstract orsearching companies, or by any public officer authorized to makeofficial searches and certify to the same, or by the attorney for theparty to whom costs are awarded, taxable at rates not exceeding the costof similar official searches;11. the reasonable expenses actually incurred in securing anundertaking to stay enforcement of a judgment subsequently reversed; and12. any fee imposed by section fifty-three of the general municipallaw; and13. such other reasonable and necessary expenses as are taxableaccording to the course and practice of the court, by express provisionof law or by order of the court.(b) Disbursements on motion. Upon motion of any party made after thedetermination of a motion, or upon its own initiative, the court mayallow any party ther ovisionof law or by order of the court.(b) Disbursements on motion. Upon motion of any party made after thedetermination of a motion, or upon its own initiative, the court mayallow any party thereto to tax as disbursements his reasonable andnecessary expenses of the motion.(c) Disbursements to party not awarded costs. The court may allowtaxation of disbursements by a party not awarded costs in an action oron appeal; and shall allow taxation of disbursements by a party notawarded costs in an action for a sum of money only where he recovers thesum 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 itstaxation in an amount equal to the reasonable sum actually andnecessarily expended therefor, if it is the usual charge made by privatepersons for the service, although it is in excess of the fee allowed apublic officer.