Per Curiam.
The right to costs is governed by the statute in effect when the right to costs accrues, not that in effect when the action is begun. ( Defendorf v. Defendorf, 42 A.D. 166; Dreyer v. Shapiro, 143 Misc. 170; Galante v. Dae Mfg. Co., N.Y.L.J., June 4, 1954, p. 7, col. 2.) Since the plaintiff's recovery was less than $1,500, the amount prescribed by subdivision 2 of section 1474 of the Civil Practice Act, when the costs were taxed, it was error to allow costs.
The judgment should be modified by striking therefrom the sum of $253.08, costs as taxed, and as modified affirmed, without costs.
HAMMER, HOFSTADTER and HECHT, JJ., concur.
Judgment accordingly.