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  • SECTION 8102
    Limitation of costs where action brought in higher court
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  • ARTICLE 81
    Costs Generally
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  • SECTION 8104
    Costs in consolidated, severed or removed action
    • 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.