Except as specifically prescribed by law, a party who recovers judgment or final order in this Court is entitled to recover as costs all sums allowed by express provision of law, and all fees and disbursements prescribed by law, for services necessarily rendered in an action or special proceeding at the request of the prevailing party and paid by him, including the reasonable compensation of commissioners taking depositions in said action.
In either of the following cases, costs shall not be awarded to either party, but each party must pay his own costs:
A. 
Where the action or special proceeding is dismissed by reason of the failure of both parties to attend.
B. 
Where the defendant interposes an answer in an action that title to real property will come in question and gives the undertaking thereon prescribed in this Part 2.
C. 
Where the action or special proceeding is discontinued on the ground that either party is an infant for whom a guardian ad litem has not been appointed.
D. 
Where the defendant interposes a plea of bankruptcy in an action.
In all actions brought in this Court there shall be allowed to the prevailing party, in case he shall have appeared by an attorney of the Supreme Court, and not otherwise, the following sums as costs:
A. 
For all proceedings before trial, including judgment for the plaintiff upon default, in case the amount of recovery be thirty dollars ($30.) or less, to the plaintiff ten per centum (10%) of such amount and in the discretion of the Court a further sum not to exceed two dollars ($2.). In case the recovery be more than thirty dollars ($30.) and not more than fifty dollars ($50.), five dollars ($5.); in case the recovery be more than fifty dollars ($50.) and not more than one hundred dollars ($100.), ten dollars ($10.); in case the recovery be more than one hundred dollars ($100.) and less than one thousand dollars ($1,000.), fifteen dollars ($15.); in case the recovery be one thousand dollars ($1,000.) or more, twenty-five dollars ($25.).
B. 
If judgment be for the plaintiff otherwise than upon default besides the costs allowed by Subsection A of this section an additional sum not in excess of ten per centum (10%) of the recovery not exceeding fifty dollars ($50.) may be awarded to the plaintiff in the discretion of the Court.
C. 
If judgment be rendered for the defendant by default, to the defendant in a case where the amount demanded in the complaint is thirty dollars ($30.) or less, ten per centum (10%) of such amount and in the discretion of the Court a further sum not to exceed two dollars ($2.); in a case where the amount demanded in the complaint is more than thirty dollars ($30.) and not more than fifty dollars ($50.), five dollars ($5.); in a case where the amount demanded in the complaint is more than fifty dollars ($50.) and not more than one hundred dollars ($100.), ten dollars ($10.); in a case where the amount demanded in the complaint is more than one hundred dollars ($100.) and less than one thousand dollars ($1,000.), fifteen dollars ($15.); in a case where the amount demanded in the complaint is one thousand dollars ($1,000.) or more, twenty-five dollars ($25.); and where there is no complaint, three dollars ($3.). Where the summons has been irregularly issued or proper service thereof has not been made or where the summons has been issued by the plaintiff's attorney as provided in § 30-34 and service made but no proper proof of service filed as required by such section, or if the action is dismissed before trial for want of jurisdiction, three dollars ($3.), whether such summons be accompanied by a written complaint or not.
D. 
If judgment be rendered for the defendant after trial, besides the costs allowed by Subsection C of this section, an additional sum, not exceeding ten per centum (10%) upon the amount claimed in the complaint not exceeding fifty dollars ($50.), may be awarded to the defendant in the discretion of the Court.
E. 
A defendant who recovers judgment upon a counterclaim for a sum greater than that claimed by the plaintiff shall be allowed in the discretion of the Court ten per centum (10%) of the amount so recovered not exceeding fifty dollars ($50.), and in such case he shall be allowed no other costs except his disbursements.
F. 
If the judgment be rendered in favor of the plaintiff in an action brought to recover one (1) or more chattels, or for the foreclosure of a lien against personal property, or to enforce a mechanic's lien against real property, the costs allowed herein shall be estimated on the value of the chattels or the amount of the liens, as fixed by the judgment. In case the judgment in such an action be rendered in favor of the defendant the sums alleged in the complaint as the value of such chattels or the amount of the lien alleged therein to be due shall be the basis for estimating the costs herein allowed.
G. 
No costs or fees shall be allowed and recovered in an action brought upon a judgment of the Court unless such action be brought more than five (5) years after the recovery of the judgment sued on.
H. 
Costs, upon a motion in any action or proceeding, not exceeding ten dollars ($10.), may be awarded either absolutely or to abide the event of the action or proceeding, to any party, in the discretion of the Court, except as otherwise expressly provided in this Part 2.
I. 
Upon settlement of a case after service of summons, and before trial, the plaintiff shall be entitled to costs at the rate prescribed in Subsection A of this section, determined by the amount of the settlement.
J. 
Upon settlement of a case after commencement of trial and before entry of judgment the plaintiff shall be entitled to costs at the rate prescribed in Subsections A and B of this section, determined by the amount of the settlement.
K. 
Upon a trial of an issue of fact in summary proceedings, costs not exceeding ten dollars ($10.) may be allowed to the successful party in the discretion of the Court.
L. 
Where a commission is issued on behalf of the plaintiff or defendant, costs shall be allowed to the successful party in the sum of ten dollars ($10.) in addition to the fees or disbursements provided for by § 328 of the Justice's Court Act.
Where a judgment is rendered on a motion to dismiss a pleading, the prevailing party shall recover the same costs as if the judgment had been in his favor, upon default in the same action. Otherwise costs shall not exceed ten dollars ($10.) in the discretion of the Court, as a condition for leave to plead over.
The Court may, in its discretion, as a condition for allowing an amendment to a pleading, require the payment of a sum not to exceed ten dollars ($10.) as costs to the adverse party.
When a trial shall be adjourned on cause shown, the Court in its discretion, may impose upon the party applying for the adjournment such conditions as to it shall seem reasonable, and may also impose costs to the amount of ten dollars ($10.), besides disbursements, as a condition of adjournment.
When an action brought in this Court has been discontinued, as prescribed in this Part 2, upon the delivery of an answer showing that title to real property will come in question, and a new action for the same cause has been commenced in the proper court, the party in whose favor final judgment is rendered in the new action is entitled to costs; except that where final judgment is rendered therein, in favor of the defendant, upon the trial of an issue of fact, he is not entitled to costs, unless it is certified that the title to real property came in question on the trial.
Where the plaintiff's complaint is dismissed, pursuant to § 30-213 of this Part 2, the defendant shall be entitled to recover the costs provided in § 30-261 of this article for a case where judgment is rendered for the defendant after trial.
Where judgment has been rendered by the Court, costs must be taxed by the Clerk and inserted in the judgment or final order. Before any item of costs other than the costs fixed by express provision of law or granted by the Court or fees paid to the Clerk or Marshal as prescribed by law in the action or special proceeding are allowed, the party must show by his affidavit, or that of his attorney, that the item was actually and legally paid and incurred. All items of costs must be entered by the Clerk in the docket book kept by him.
A taxation may be reviewed by the Court within five (5) days after the entry of judgment or final order, upon two (2) days' notice. The order made upon such a motion must disallow any item wrongfully included in the judgment or final order, or add any proper item omitted therefrom, and direct that any such sum be added to or credited upon the judgment and upon any execution or other mandate issued to enforce the judgment or final order. Unless such review is asked for, such taxation shall not be thereafter questioned on appeal.
The Clerk must examine all items presented to him for taxation; must satisfy himself that all the items allowed by him are correct and legal; and must strike out all charges for fees, where it does not appear that the services for which they are charged were necessarily performed.
A charge, for the attendance of a witness, cannot be allowed without an affidavit, stating the number of days of his actual attendance and the amount of mileage paid. A charge, for a copy of a document or paper, cannot be allowed, without an affidavit stating that it was actually and necessarily used, or was necessarily obtained for use. An item of disbursement, in a bill of costs, cannot be allowed in any case, unless it is verified by affidavit, and appears to have been necessarily incurred and to be reasonable in amount, except fees paid to the Clerk or Marshal.
Upon an appeal provided for in this Part 2, the award of costs is regulated as follows:
A. 
If the appeal is dismissed because neither party brings it to a hearing, as prescribed by law, costs shall not be awarded to either party.
B. 
If the judgment order or final order is reversed, costs must be awarded to the appellant.
C. 
If the judgment order or final order is affirmed, costs must be awarded to the respondent.
D. 
If the judgment order or final order is modified or a new trial is ordered, costs or such part thereof, as to the Appellate Court seems just, besides disbursements, may be awarded to either party, absolutely, or to abide the event.
Upon an appeal, provided for in this Part 2, costs when awarded must be as follows, besides disbursements:
A. 
To the appellant upon reversal, thirty dollars ($30.).
B. 
To the respondent upon affirmance, twenty-five dollars ($25.).
C. 
Where an appeal is taken to the Appellate Division, as provided for in this Part 2, the same costs shall be allowed as on an appeal from a judgment of the Supreme Court.
The City Court of Albany shall not nor shall any Justice of said Court take or be allowed any costs of fees for any services rendered by said Court or said Justices, or either or any of them, in any civil action or in any proceeding; except that said Court shall charge the following fees in summary proceedings to recover the possession of real property, for filing a petition and issuing a precept, seventy-five cents ($0.75); for each adjournment, twenty-five cents ($0.25); for entering a final order, twenty-five cents ($0.25); for the issuance of a warrant, twenty-five cents ($0.25). Said fees shall belong to the City of Albany and shall be paid over to the City Treasurer of said City on the first Monday of each month by the Clerk of said Court who shall at the same time furnish to said City Treasurer a full, true and correct statement in writing, duly verified on oath, as to the fees received by him during the preceding month. In case a trial by jury be demanded by either party, where an issue of fact is joined in such a proceeding, the party demanding the trial by jury shall pay the sum of five dollars ($5.), as provided in § 30-260 of this article.
A witness in an action or summary proceeding, pending in this Court, or before a commissioner appointed by this Court, or before a Justice of this Court, taking a deposition to be used in a court not of record of another state or territory of the United States, is entitled, except where another fee is specially prescribed by law, to fifty cents ($0.50) for each day's attendance, and if he resides more than three (3) miles from the place of attendance, to eight cents ($0.08) for each mile going to the place of attendance.
Fees shall be allowed to Marshals for services rendered under the provisions of this Part 2, as follows: For serving a summons, seventy-five cents ($0.75), and when a summons is served without the City of Albany, he shall be allowed in addition thereto for each mile necessarily traveled going and returning to serve the same, the distance to be computed from the limits of said City to the place where it is served, ten cents ($0.10); for serving a summons and executing an order of arrest, one dollar ($1.); for serving a summons and levying a warrant of attachment, one dollar ($1.); for serving a summons and affidavit and executing a requisition, in an action to recover a chattel, one dollar ($1.); for a copy of every attachment and of the inventory of the property attached, fifty cents ($0.50); for receiving and execution against property, entering it in his books, searching for property and returning the same twenty-five cents ($0.25); for every levy actually made by virtue of an execution, one dollar ($1.); for collecting money by virtue of an execution or for selling under an attachment, five cents ($0.05) for every dollar collected to the amount of one hundred dollars ($100.) and two and one-half cents ($0.025) for every dollar collected over one hundred dollars ($100.); for notifying the plaintiff of the execution of an order of arrest, twenty-five cents ($0.25); for serving a subpoena, fifty cents ($0.50); for summoning a jury, five dollars ($5.); for serving a precept or other mandate by which a special proceeding is commenced, seventy-five cents ($0.75); for serving a warrant in summary proceedings to recover possession of real property, one dollar and fifty cents ($1.50); for serving a warrant in any case where a fee therefor is not specially prescribed by law, fifty cents ($0.50); for arresting and committing any person, pursuant to process in a special proceeding, one dollar ($1.); and said Marshal shall also be allowed such further fees for services which they are legally permitted or authorized to render, as a Sheriff would be allowed for like services pursuant to law, where no express provision is made herein for the payment of such services. For serving as court attendant, a Marshal shall receive such compensation as shall be fixed and determined by the Board of Estimate and Apportionment of the City of Albany.
Whenever an order shall be made pursuant to law, directing that the bond of a Marshal be prosecuted in this Court, the Court may award the aggrieved party his reasonable costs on said motion, not exceeding the sum of ten dollars ($10.), which shall be included in the judgment obtained upon such bond.
Where security for costs is required to be given in said Court in pursuance of Article 87 of the Civil Practice Act,[1] the Court must make an order requiring the plaintiff within a time specified either to pay into court to abide the final determination of the section such sum as the Court may direct not exceeding one hundred dollars ($100.) to be applied to the payment of costs, if any, awarded against him or at his election to file with the Clerk and undertaking in a sum not exceeding one hundred dollars ($100.), and to serve a written notice of the payment or of the filing upon the defendant's attorney, and staying all other proceedings on the part of the plaintiff, except to review or vacate the order, until the payment or filing, and notice thereof and, also, if an undertaking is given the allowance of the same. Where the plaintiff gives a surety company bond the amount of the premium paid therefor shall be a taxable disbursement and included in the recovery in the event that the plaintiff prevails.
[1]
Editor's Note: See now the Civil Practice Law and Rules.