1. The Laws of New York
  2. Consolidated Laws
  3. Civil Practice Law & Rules
  4. Article 81: Costs Generally

Section 8103 Costs where parties prevail upon separate issues

Civil Practice Law & Rules (CVP)

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.