Emigrant Savings Bank v. Bristol

Appellate Division of the Supreme Court of New York

Emigrant Savings Bank v. Bristol

282 A.D.2d 497, 722 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 3538

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 2001

StatusPublished

Cited by2 cases

This text of 282 A.D.2d 497 (Emigrant Savings Bank v. Bristol) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emigrant Savings Bank v. Bristol, 282 A.D.2d 497, 722 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 3538 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Application by the plaintiff pursuant to CPLR 5704 (a) to modify a judgment of the Supreme Court, Kings County (Barron, J.), dated October 3, 2000, which, in an action to foreclose a mortgage, inter alia, granted its ex parte application to confirm a referee’s report but failed to award it $26,758.90 in legal fees and disbursements.

Ordered that the application is granted, without costs or disbursements, and the judgment is modified by adding thereto [498]*498a provision awarding the plaintiff $26,758.90 in legal fees and disbursements.

The Supreme Court improperly denied the plaintiff’s request for an award of legal fees and disbursements. According to the terms of the mortgage, the plaintiff was entitled to recover legal fees and disbursements incurred in any action it commenced to enforce the mortgage and note after a default (see, Green Point Sav. Bank v Tornheim, 261 AD2d 360). Further, the plaintiff submitted sufficient documentary proof in support of its application. Bracken, P. J., S. Miller, McGinity and Schmidt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Application by the plaintiff pursuant to CPLR 5704 (a) to modify a judgment of the Supreme Court, Kings County (Barron, J.), dated October 3, 2000, which, in an action to foreclose a mortgage, inter alia, granted its ex parte application to confirm a referee’s report but failed to award it $26,758.90 in legal fees and disbursements.

Ordered that the application is granted, without costs or disbursements, and the judgment is modified by adding thereto [498]*498a provision awarding the plaintiff $26,758.90 in legal fees and disbursements.

The Supreme Court improperly denied the plaintiff’s request for an award of legal fees and disbursements. According to the terms of the mortgage, the plaintiff was entitled to recover legal fees and disbursements incurred in any action it commenced to enforce the mortgage and note after a default (see, Green Point Sav. Bank v Tornheim, 261 AD2d 360). Further, the plaintiff submitted sufficient documentary proof in support of its application. Bracken, P. J., S. Miller, McGinity and Schmidt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

282 A.D.2d 497, 722 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 3538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emigrant-savings-bank-v-bristol-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack