violated General Obligations Law § 7-108 (CPLR 3025 [c]; see also Johnson v
Block, 65 Misc 2d 634, 635 [App Term, 1st Dept 1971]).
However, claimant is not entitled to recover copying expenses, lost time from work, or travel
expenses incurred in coming to court (see Plaintiff's exhibit M). These expenses fall
under the categories of costs and disbursements.[FN1]
"[C]osts are awarded for the very purpose of indemnifying the successful party for
the expense of maintaining [their] rights. The costs of suit recoverable by a successful party are
thus expressly limited by statute, and there is no authority for a recovery of any amount, except
such as is provided by statute, in the absence of an express contractual obligation by the
parties"(Mercantile Factors' Corp. v Warner Bros. Pictures, 215 AD 530,
534-535 [1st Dept 1926], affd sub nom. Mercantile Factors Corp. v Warner Bros.
Pictures, 244 NY 504 [1926]).
Here, the New York Civil Court Act does not provide for the recovery of costs in small
claims actions (NY City Civ Ct Act § 1901 [c]). As to disbursements, the prevailing party in
a small claims action may recover the fees paid to the clerk (NY Civ Ct Act § 1908 [a]),
which in this case was $20.00 for the commencement of the action.
VERDICT
The court finds in favor of claimant. Claimant is awarded compensatory damages in the
amount of $1,327.93, with prejudgment interest at the rate of 9% per annum, from January 15,
2021, and punitive damages in the amount of $2,655.86.
ORDER
Accordingly, it is hereby ORDERED that the Clerk is directed to enter judgment in
favor of claimant Arlene Marie Karole against defendant 340 West End Avenue LLC in the
amount of $1,327.93, with prejudgment interest at the rate of 9% per annum, from January 15,