De Nicola v. Pallas

This is a motion by plaintiff to vacate judgment for costs in favor of defendant after a jury trial. The action was originally commenced by plaintiff in Small Claims Court. Defendant demanded a jury trial pursuant to section 1806 of the Uniform City Court Act. This did not change the basic character of the action as a small claims matter.

In Small Claims Court no statutory costs are allowable to either party. (Rules for Small Claims, City Court of Utica, § 3525.10; 22 NYCRR 3525.10.) This is in keeping with the legislative intent behind the establishment of small claims parts in local city…