Tusch v. Lindquist

Plaintiff sued defendant in a negligence action for the sum of $2,500. Prior to service of the note of issue, defendant submitted a formal offer of compromise in the amount of $553, pursuant to CPLR 3221. This offer was rejected by plaintiff, and after trial by jury, a verdict was returned in plaintiff’s favor for the sum of $350.

Defendant submitted a bill of costs in the amount of $180, consisting of $130 labeled as statutory costs based upon the $2,500 demanded in the plaintiff’s complaint, plus $50 in disbursements.

Plaintiff now moves to review the taxation of these costs.

Plaintiff argues…