Tiano v. Yaple

In this action in which the complaint sets forth a cause of action for the recovery of damages for personal injuries sustained by the infant plaintiff and a derivative cause of action for damages sustained by her father, plaintiffs move to set aside the judgment for costs entered by defendant against plaintiffs.

Under CPLR 1205, costs may not be taxed against either the infant or his representative unless a court so orders; but, if the representative joins a claim in his individual capacity with the claim of the infant whom he represents, said section has no application to the resulting…