Lord & Taylor v. St. John

This is a motion to direct the Clerk to tax and allow costs. Plaintiff instituted an action by personal service on defendant on July 5, 1962, in Westchester County. Defendant defaulted. Judgment was entered for $1,124.45, representing the amount claimed plus interest. The Clerk refused to tax costs.

‘ ‘ The right to costs is governed by the statute in effect when the right to costs accrues, not that in effect when the action is begun ” (Reisner, v. 749 Broadway Realty Corp., 207 Misc. 76; see, also, Defendorf v. Defendorf, 42 App. Div. 166; Dreyer v. Shapiro, 143 Misc. 170; Galante v. Dae Mfg.…