New York Laws
Article 81 - Costs Generally
8107 - Costs Upon Appeal.

§ 8107. Costs upon appeal. 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.

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