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What is NYC AC § 17-136?

Quick Answer

This section outlines the recovery of court costs in actions for penalties by the department. It specifies conditions under which costs can be recovered and the limits on those costs based on the amount of recovery. Applies to defendants in penalty actions initiated by the department.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-136 Costs.

AC § 17-136

a. If the department, in an action for a penalty, recover judgment in any amount, costs of the court in which the action is brought shall also be recovered without reference to the amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants against whom recovery is had, did not, as article thirty-two of the civil practice law and rules authorizes, offer to pay an amount equal to the recovery against him or them, except that where the recovery shall be less than fifty dollars, the amount of costs shall be ten dollars. b. The department shall not be subject to the payment of costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action. In such case the costs shall not exceed ten dollars, unless the amount claimed exceeded fifty dollars.

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