Awarding Costs on Appeal

The right to recover costs in an action as well as the amount of such costs, if awarded, exists only by virtue of statutory authority.¹ At common law, neither costs nor disbursements were allowed to the prevailing party in any case, the courts having no inherent power to include an award of costs in their judgment.² In the case of appeals, the applicable statutes governing costs are CPLR §§8107, 8203, 8204 and, for taxable disbursements which a party awarded costs may recover, §8301.

CPLR §8107, “Costs upon appeal,” provides: “The party in whose favor an appeal is decided in whole or in part is entitled to costs upon the appeal, whether or not he is entitled to costs in the action, unless otherwise provided by statute, rule or order of the appellate court. Where a new trial is directed upon appeal, costs upon the appeal may be awarded absolutely or to abide the event.” The amount of costs is fixed by §8203(a) on appeals to the appellate division ($250 unless a lesser amount is ordered) and §8204 on appeals to the court of appeals ($500 unless a lesser amount is ordered).