Arkin v. Sunshine

This is a motion for an order fixing costs on an appeal taken by defendant (Anne Fogarty) to the Appellate Division which was granted in her favor, with costs and disbursements. Plaintiffs oppose the grant of an item for costs of printing the record on appeal because the same was reproduced by defendant’s attorneys by use of a Xerox machine *850maintained in their office. Plaintiffs’ contention that there is no authority for allowing recovery for such an expense is rejected (CPLR 5529, subd. [a]; CPLR 8301, subd. [a], pars. 6, 12; Rules App. Div., 1st Dept., part 1, rule XIV).

However, since the…