N.Y. C.P.L.R. 8103

§ 8103. Costs where parties prevail upon separate issues. Upon the\nrecovery of a judgment in favor of the plaintiff, the court may award\ncosts in the action to a defendant without denying costs to the\nplaintiff, if it determines that a cause of action upon which the\ndefendant prevailed is not substantially the same as any cause of action\nupon which the plaintiff recovered the judgment.\n