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Mackey v Dosiak (2006 NYSlipOp 26540)

Supreme Court, Suffolk County, November 28, 2006
APPEARANCES OF COUNSEL
Robert Wilson, West Islip, for plaintiff. Hennessey & Denatale, Shirley, for defendant.
OPINION OF THE COURT
Elizabeth H. Emerson, J.
Ordered that this motion by the plaintiff to recover costs is denied.
By an order of this court dated November 1, 2005, the plaintiff's ex parte application for an order of default against the defendant was granted, and the matter was referred to an inquest [*2]on damages. The defendant moved to vacate her default, which was denied by an order of this court dated April 7, 2006. The defendant subsequently moved to renew and reargue the denial of her motion, which was granted by an order of this court dated August 8, 2006, and, upon renewal and reargument, the defendant's motion to vacate her default was granted. The plaintiff now moves for an order granting her costs on the two prior motions.
Costs must be distinguished from disbursements, which are reimbursement for the actual out

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New York Law