Fusco v. Roberts

Defendant moves for an order disallowing the bill of costs entered in the Saratoga County Clerk’s office May 21,1969 with a judgment in favor of the second-named plaintiff, who is an adult, pursuant to CPLR 8102 (subd. 3) in that the County Court jury verdict of $200 for property damage was obviously less than the $250 required by the statute.

CPLR 8102 is entitled: ‘ ‘ Limitation of costs where action brought in higher court ’ ’; and, in substance, provides that the plaintiff is not entitled to costs where he selects the County Court as a forum when he could have brought action in a lower…