Opinion
Index No. 651695/2015 Motion Seq. No. 031 NYSCEF Doc. No. 1295
06-05-2023
NORDDEUTSCHE LANDESBANK GIROZENTRALE, HANNOVER FUNDING COMPANY LLC, Plaintiffs, v. LYNN TILTON, PATRIARCH PARTNERS, LLC, PATRIARCH PARTNERS XIV, LLC, PATRIARCH PARTNERS XV, LLC, Defendants.
Unpublished Opinion
DECISION + ORDER ON MOTION
JOEL M. COHEN, J.S.C.
The following e-filed documents, listed by NYSCEF document number (Motion 031) 1278, 1279, 1280, 1281,1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294 were read on this motion for COSTS AND DISBURSEMENTS
Defendants Lynn Tilton, Patriarch Partners, LLC, Patriarch Partners XIV, LLC and Patriarch Partners XV, LLC ("Defendants") move for an order directing the Clerk of the Court to tax costs and disbursements incurred in this action (NYSCEF 1279). Plaintiffs Norddeutsche Landesbank Girozentrale and Hannover Funding Company LLC ("Plaintiffs") object in part to Defendants' request (see NYSCEF 1293). Specifically, Plaintiffs object to Defendants' request to recover costs and disbursements attributed to "Computerized Legal Research," "Photocopying Costs," and "Costs Associated with the Trial Transcripts" (id.).
For the following reasons, the Court determines that Defendants are entitled to costs and disbursements in the amount of $37,388.57.
"Recovery of costs and disbursements in an action and on appeal is dependent on the statutory authorization in CPLR 8301(a)" (North Oyster Bay Baymen 's Ass'n. v Town of Oyster Bay, 150 A.D.3d 865, 868 [2d Dept 2017]). With respect to the computerized legal research and photocopying costs, Defendants seek recovery pursuant to CPLR 8301(a)(13) which permits recovery on "such other reasonable and necessary expenses as are taxable according to the course and practice of the court, by express provision of the law or by order of the court." Claims for taxable disbursements under CPLR 8301(a)(13) are "left to the discretion of the individual judge" (§415. Disbursement, Siegel, NY. Prac. § 415 [6th ed.]). Regarding the costs associated with the trial transcripts, Defendants seek recovery pursuant to CPLR 8301(a)(6), which enables recovery for "[t]he reasonable expenses of printing the papers for a hearing, when required."
a. Computerized Legal Research
Defendants seek to "recoup computerized legal research costs in the amount of $621,229.04" (NYSCEF 1279 ¶ 23). Traditionally, "legal research is what counsel does in order to earn a fee" and "whether performed by computer or with published, hard copy legal resources, [it] is merely a substitute for an attorney's time and is not a separate taxable item" (Matter of Rosa-Myers, 63 Misc.3d 251, 254 [Sur. Ct. Queens Cnty. 2019]). Moreover, the record indicates that the law firms pay for the computerized research at an annual flat rate or aggregate discount (see e.g., NYSCEF 1290 ¶ 6, 1288 ¶ 4). Thus, the expense at issue here is akin to an overhead cost to the firm.
Defendants' request for taxation on the costs and disbursements related to computerized legal research in the amount of $621,229.04 is denied.
b. Photocopying Expenses
Similarly, "[p]hotocopying expenses have generally not been allowed as taxable disbursements" (Clickner v Shanley, 141 Misc.2d 600, 605-606 [Sup. Ct. Rensselaer Cnty. 1988]; see also In re City of New York, 30 Misc.3d 816, 834-35 [Sup. Ct. Kings Cnty. 2010] [finding "an award of expenses incurred for copying and messenger services fall within the attorneys' base fee" and is not compensable]; Matter of Graham, 238 A.D.2d 682, 687 [3d Dept 1997]).
Defendants' request for $39,451.66 in photocopying costs is denied.
c. Trial Transcripts
Finally, Defendants are entitled to reimbursement of $36,388.57 for purchasing daily trial transcripts pursuant to CPLR 8301(a)(6). As noted by Defendants, this Court's rules require that the parties order a daily copy of the transcript during trial (see also Lipton v Mitchell, 145 Misc.2d 444, 445 [Civ. Ct. NY Cnty. 1989] [permitting recovery of "stenographic fees for a transcript of the trial" citing CPLR 8301(a)(6) and Civil Court Rules enabling recovery]).
Accordingly, it is, ORDERED that Defendants' motion is granted insofar as it seeks taxation for costs and disbursements made in connection with purchasing deposition transcripts and trial transcripts, and in connection with defending the claims pursuant to CPLR 8201, and denied in all other respects; and it is further
ORDERED that Defendants are entitled to reimbursement for costs and disbursements in the total amount of $37,338.57 and the Clerk of the Court is directed to tax costs and disbursements in accordance with this Decision and Order.
This amount reflects the sum of the $36,388.57 in disbursements from the trial transcripts; $250 in disbursements from making deposition transcripts (see CPLR 8301(a)(9); see also NYSCEF 1279 K 7); and $700 in costs pursuant to CPLR 8201 (see NYSCEF 1279 K 5).
This constitutes the Decision and Order of the Court.