N.Y. C.P.L.R. 8107

§ 8107. Costs upon appeal. The party in whose favor an appeal is\ndecided in whole or in part is entitled to costs upon the appeal,\nwhether or not he is entitled to costs in the action, unless otherwise\nprovided by statute, rule or order of the appellate court. Where a new\ntrial is directed upon appeal, costs upon the appeal may be awarded\nabsolutely or to abide the event.\n