Lew Morris Demolition Co. v. Board of Education

Fritz W. Alexander, II, J.

Movant having been denied summary judgment in the Civil Court appealed the decision in the Appellate Term and prevailed. Movant now seeks to tax as costs the disbursement for the printing of the record.

CPLR 8301 (subd [a], par 6) authorizes the taxation of the cost for printing, but only when it is "required”. The word "required” means the printing was necessitated in order to comply with a statute, rule of court or order issued by a court or referee. (See Society of New York Hosp. v Mogensen, 75 Misc 2d 62; 8 Weinstein-Korn-Miller, N. Y. Civ. Prac., par 8301.17.)…