Jacobs v. Livschitz

Plaintiffs move for an order pursuant to CPLR 8401 seeking a retaxation of costs and disbursements heretofore disallowed by the Clerk. The defendant, by way of a cross motion, moves for an order disallowing and striking out all of those disbursements in favor of the plaintiffs taxed by the Clerk on the ground that the same was awarded in violation of CPLR 8301 (subd. [e]).

The plaintiffs’ action was instituted to recover the sum of $500,000 representing' (1) on the first cause of action $15,000 expenses allegedly incurred and paid pursuant to an agreement with the defendants and (2) on the…