The right to recover costs on appeal exists only by virtue of statutory authority. Common-law courts have no inherent power to award them.1 “At common law neither costs nor disbursements were allowed to the prevailing party in any case, and their allowance has always been regulated by statute.”2 Since costs were unknown and not recoverable at common law, they were not included in the judgment of the case.
In New York, costs are recoverable under CPLR §8107, “Costs upon appeal,” and CPLR §8108 directs that the “decision on appeal shall specify the disposition made in regard to costs.” CPLR §8107 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.”
