In a civil action or proceeding there shall be allowed to the prevailing party, who has appeared by attorney, the following sums as costs, which in no event shall be less than $3 nor more than $50:
A. 
To the plaintiff, if he or she recovers judgment after trial is commenced, 10% of the amount recovered or of the amount demanded in any counterclaim, whichever is greater, but in no event less than $5.
B. 
To the defendant, if he or she recovers judgment after trial is commenced, 10% of the amount demanded in the complaint or recovered on his or her counterclaim, whichever is greater, but in no event less than $5.
C. 
To either party, who recovers judgment before trial, costs shall be allowed at 1/2 of the rates prescribed by Subsection A or B as the case may be, but in no event more than $15.
D. 
Where an action or counterclaim is discontinued before trial, costs shall be allowed at the rates prescribed by Subsection C of this section. Where an action or counterclaim is discontinued after the trial thereof has commenced, costs shall be allowed at the rates prescribed by Subsection A or B as the case may be.
E. 
If the defendant interposes a counterclaim, and both the plaintiff's complaint and the defendant's counterclaim are dismissed, costs shall be awarded as follows: The plaintiff's costs shall be computed at the rates prescribed in Subsection A of this section based on the amount demanded in the counterclaim, and the defendant's costs shall be computed at the rates prescribed in Subsection B of this section based on the amount of the plaintiff's claim, such computation being made without regard to the limitation of $50 prescribed in this section, and the costs to be included in the judgment, in no event to exceed $50, shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs as thus computed and shall be awarded to the party whose costs as above computed are the larger. Neither party shall be entitled to disbursements. If the defendant interposes a counterclaim and both the plaintiff and defendant recover on their claims, the plaintiff's costs shall be awarded at the rates prescribed in Subsection A of this section, based on the amount recovered upon his or her claim, and the defendant's costs shall be awarded at the rates prescribed in Subsection B of this section, based on the amount recovered upon his or her claim; the costs to be included in the judgment shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs, which shall be thus computed without regard to the limitation of $50 heretofore prescribed by this section and shall be awarded to the party whose costs as above computed are the larger. Costs as finally awarded by virtue of this subsection shall not exceed $50.
F. 
To either party, where provision for costs is not otherwise made, the Court may, in its discretion, award costs not exceeding $10.
G. 
To either party, the Court may, in its discretion, grant costs not exceeding $10, upon a motion, including the adjournment of a trial.
H. 
In an action for the recovery of one or more chattels or for the enforcement or foreclosure of a lien, plaintiff's costs shall be computed upon the value of the chattel or the amount of the lien as assessed or found by the Court or jury, and the defendant's costs shall be computed upon the value of the chattel or the amount of the lien as claimed by the plaintiffs.
[Amended L.1960, c.249, L.1963, c.887]
The following fees and no others shall be paid in civil matters:
A. 
Court fees. There shall be paid to the Clerk of the City Court, before the services hereinafter enumerated are performed, fees in an amount as set from time to time for the following:
(1) 
Furnishing a transcript of judgment.
(2) 
Issuing execution or the renewal of execution.
(3) 
Issuing a commission.
(4) 
Filing and indexing an assignment of judgment.
(5) 
Filing a note of issue.
(6) 
Filing a notice of appeal.
(7) 
Issuing an order of arrest, a warrant of attachment, a requisition to replevy or a warrant of seizure.
(8) 
Entry of judgment or final order.
(9) 
Issuing a precept in a summary proceeding to recover possession of real property and for issuing a warrant to dispossess.
(10) 
Trial by jury, to be paid by the party demanding the jury at the time of filing the demand, not to be refunded in case for any reason a jury is not summoned.
(11) 
Certifying a copy of a paper on file in the Clerk's office, except that no fee shall be charged for certifying a return on appeal.
B. 
Fees of constables. There shall be paid to a Constable of the Court by the party requiring his or her services, fees in an amount as set from time to time for the following:
(1) 
Serving a summons.
(2) 
Serving a petition and precept or other mandate by which a special proceeding is commenced.
(3) 
Serving a summons and executing an order of arrest.
(4) 
Serving a summons and levying a warrant of attachment.
(5) 
Serving a summons and affidavit and executing a requisition in an action for recovery of a chattel.
(6) 
Taking charge of a jury during their deliberation.
(7) 
Notifying the jurors to attend a trial.
(8) 
Collecting money by virtue of an execution, a warrant of attachment, or an attachment for the payment of money in an action or special proceeding.
(9) 
Each mile necessarily traveled going and returning to serve a summons or to serve or execute any other mandate, except a venire, the distance to be computed from the place of abode of the person served or the place where it is served to the place where it is returnable, except that a constable shall not be entitled to mileage for service or execution within the City of Binghamton. When two or more mandates in one action are served or executed against two or more persons in one journey, a Constable shall be entitled in all to the same amount for each mile necessarily traveled.
(10) 
Constables shall also be entitled to receive for other services performed by them the same fees to which a sheriff would be entitled for like services if performed by a sheriff.
A prevailing party shall be allowed his or her necessary disbursements whether he or she has appeared in person or by an attorney, except as provided by § 29-30E.
A person notified to attend as a juror is entitled to a fee as set from time to time for attending and serving upon the trial of an action or hearing of a special proceeding, and to a fee as set from time to time for attending to serve when not sworn.
The City Court stenographer is entitled, for a copy fully written out from his or her stenographic notes of the testimony or other proceeding taken in an action, or a special proceeding in this Court, and furnished upon request to a party or his or her attorney, to a fee as set from time to time. He or she shall also be entitled to the same fee for furnishing one copy of the testimony to the appellant on an appeal and to a fee as set from time to time for additional copies.