Gelles-Berger Co. v. Char-Ko Realty Construction Corp.

Chables S. Whitmae, Jb., J.

This is a motion by plaintiff for an order directing the Clerk of this court to increase the amount of costs allowed upon taxation of a bill of costs in connection with the entry of a default judgment for the principal sum of $8,665.30. The plaintiff sought to tax the sum of $150 as costs, which is the maximum amount of costs that may be allowed under section 164 of the New York City Civil Court Act. The Clerk allowed the plaintiff only one half of that amount, namely $75. Subdivision (a) of section 163 of said act reads in part as follows: 16 Where the plaintiff…