Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Citation: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Parent Document: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Jurisdiction: New York (state)
Effective Date: 2022-04-06
Original Source: https://nycourts.gov/reporter/3dseries/2022/2022_50317.htm ↗

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"[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

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