—The provisions of the Code of Civil Procedure respecting costs (chap. 21, titles first, second and third), apply to actions tried in one of the courts specified in subdivision 4 of § 3347, namely ,the supreme court, a superior city court, the marine c'ourt of the city of New York, or a county court, Code Civil Procedure, § 3347, subdiv. 13, and are not limited to actions commenced in one of such courts, and triable therein. Combs v. Combs, 25 Hun, 279; reversing 1 Civ. Pro. Rep., 298; 62 How., 304. It follows that the costs of this action, which was originally brought in a district court of this city to recover damages for a personal injury, and removed to this court, must be awarded and taxed pursuant to the above cited provisions of the Code. The cases cited by the learned counsel for the plaintiff, namely, Druckenmiller v. Shoninger, 15 Daly, 477; 29 St. Rep., 142; Latteman v. Fere, 11 Civ. Pro. Rep., 217; Salter v. Parkhurst, 2 Daly, 240, have no application, as they merely relate to the status óf an action commenced in a district court after its removal to this court. The plaintiff having recovered less than fifty dollars, the defendant is entitled to costs. Kaliski v. Pelham Park R. R. Co., 20 Civ. Pro., 315; Daly, C. J.: Ruger v. Fahys Watch Case Co., id., 204; 37 St. Rep., 400.
The application of the plaintiff for a retaxation of the costs must therefore be denied.