On June 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2023 NY Slip Op. 31892(U), holding that legal research and photocopying costs are not costs chargeable in a judgment, explaining:
Recovery of costs and disbursements in an action and on appeal is dependent on the statutory authorization in CPLR 8301(a). 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. Regarding the costs associated with the trial transcripts, Defendants seek recovery pursuant to CPLR 8301(a)(6), which enables recovery for the 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. 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. Moreover, the record indicates that the law firms pay for the computerized research at an annual flat rate or aggregate discount. 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, photocopying expenses have generally not been allowed as taxable disbursements. Defendants’ request for $39,451.66 in photocopying costs is denied.
(Internal quotations and citations omitted).