New York Court of Appeals building in Albany. Photo: Ryland West/ALM A Closer Look at Costs on Appeal
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. highlight the Cost on Appeals statute and discuss the fees and expenses associated with successfully asserting or defending one's rights on appeal.
September 05, 2023 at 12:00 PM
9 minute read
Litigation
A prevailing party's right to recover costs in an action exists only by virtue of statutory authority. See Steinberg v. Mealey, 263 App Div 479, 481 [3d Dept 1942]. At common law neither costs nor disbursements were allowed to the prevailing party. Common law courts have no inherent power to award costs and they were not included in the judgment. Their allowance has always been a creature of and regulated by statute. See Equitable Life Assurance Society v. Hughes, 125 NY 106, 108 [1890]. In the case of appeals, the applicable statutes are CPLR §§8107, 8203, 8204 and 8301.
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