New York Laws
Article 81 - Costs Generally
8103 - Costs Where Parties Prevail Upon Separate Issues.

ยง 8103. Costs where parties prevail upon separate issues. Upon the
recovery of a judgment in favor of the plaintiff, the court may award
costs in the action to a defendant without denying costs to the
plaintiff, if it determines that a cause of action upon which the
defendant prevailed is not substantially the same as any cause of action
upon which the plaintiff recovered the judgment.