Niagara County Savings Bank v. Thornwood Development Corp.

Appellate Division of the Supreme Court of New York

Niagara County Savings Bank v. Thornwood Development Corp.

119 A.D.2d 998, 500 N.Y.S.2d 899, 1986 N.Y. App. Div. LEXIS 55933

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

DecidedApril 4, 1986

StatusPublished

This text of 119 A.D.2d 998 (Niagara County Savings Bank v. Thornwood Development Corp.) 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

Niagara County Savings Bank v. Thornwood Development Corp., 119 A.D.2d 998, 500 N.Y.S.2d 899, 1986 N.Y. App. Div. LEXIS 55933 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error for the court to award plaintiff additional costs in the amount of $3,300. Pursuant to CPLR 8303 (a), a trial court may, on motion, award a party to a mortgage foreclosure action a sum not to exceed $300 (CPLR 8303 [a] [1]) or award a party to a difficult or extraordinary case a sum not to exceed $3,000 (CPLR 8303 [a] [2]), but may not make both such awards to the same party. Because there was no motion for additional allowances and because the court effected a double award, the judgment should be modified to delete the award.

The other claims raised are without merit. (Appeal from judgment of Niagara County Court, Hannigan, J. — mortgage foreclosure.) Present — Callahan, J. P., Doerr, Denman, Green and O’Donnell, JJ.

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

— Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error for the court to award plaintiff additional costs in the amount of $3,300. Pursuant to CPLR 8303 (a), a trial court may, on motion, award a party to a mortgage foreclosure action a sum not to exceed $300 (CPLR 8303 [a] [1]) or award a party to a difficult or extraordinary case a sum not to exceed $3,000 (CPLR 8303 [a] [2]), but may not make both such awards to the same party. Because there was no motion for additional allowances and because the court effected a double award, the judgment should be modified to delete the award.

The other claims raised are without merit. (Appeal from judgment of Niagara County Court, Hannigan, J. — mortgage foreclosure.) Present — Callahan, J. P., Doerr, Denman, Green and O’Donnell, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

119 A.D.2d 998, 500 N.Y.S.2d 899, 1986 N.Y. App. Div. LEXIS 55933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-county-savings-bank-v-thornwood-development-corp-nyappdiv-1986.