Summary
The Appellate Division, Second Department reversed a lower court order denying the defendant's motion for disbursements related to trial transcript expenses. Relying on CPLR 8301(a)(13), the court determined that the defendant was entitled to recover these necessary costs for preparing the appellate record. The case was remanded to the Supreme Court, Queens County, to amend the judgment accordingly.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court should have granted the appellant's motion for disbursements for trial transcripts under CPLR 8301(a)(13).
Holdings
- The appellate division reversed the lower court's denial and granted the motion for disbursements, remanding for amendment of the judgment.
Key quotations
“Under the circumstances of this case, the defendant was entitled to disbursements for the expense of procuring trial transcripts for the purpose of preparing a record on appeal pursuant to CPLR 8301(a)(13) (see O'Brien v Town of Huntington, 131 AD3d 685, 686-687; Pratt v Clark, 124 App Div 248, 249-250; cf. Maisto v Maisto, 85 AD2d 717).”
Factual background
The plaintiff filed a homeowners' insurance claim. The trial court awarded the defendant costs of $20,143.80. The defendant sought additional disbursements of $5,273.10 for trial transcripts to prepare the record on appeal; the clerk struck that portion of the bill of costs.
Procedural history
The Supreme Court, Queens County awarded the defendant costs of $20,143.80. The defendant moved for additional disbursements for trial transcripts under CPLR 8301(a)(13); the trial court denied the motion. The appellant appealed the denial.
Remand instructions
Remit the matter to the Supreme Court, Queens County, for entry of an appropriate amended judgment.