§ 8302 — Additional allowance to plaintiff as of right in real property actions

New York § 8302

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 83: Disbursements and Additional Allowances

Text

§ 8302. Additional allowance to plaintiff as of right in real property\nactions. (a) Actions in which allowance made. A plaintiff, if a judgment\nis entered in his favor and he recovers costs, is entitled to an\nadditional allowance, in an action:\n 1. to foreclose a mortgage upon real property; or\n 2. for the partition of real property; or\n 3. to compel the determination of a claim to real property.\n (b) Amount of allowance. An additional allowance under this rule shall\nbe computed upon the amount found to be due upon the mortgage, or the\nvalue of the property which is partitioned or the claim to which is\ndetermined, at the rate of:\n 1. ten per cent of a sum not exceeding two hundred dollars; plus\n 2. five per cent of any additional sum not exceeding eight hundred\ndollars; plus\n 3. two per cent of any additional sum not exceeding two thousand\ndollars; plus\n 4. one per cent of any additional sum not exceeding five thousand\ndollars.\n (c) Additional allowance where action settled. Where an action\nspecified in subdivision (a) is settled before judgment, the plaintiff\nis entitled to an additional allowance upon the amount paid upon the\nsettlement, computed at one-half of the rates set forth in subdivision\n(b).\n (d) Additional allowance in foreclosure action. In an action to\nforeclose a mortgage upon real property, a plaintiff entitled to an\nadditional allowance pursuant to subdivision (a) or (c) shall also be\nentitled to the sum of fifty dollars. Where a part of the mortgage debt\nis not due, if the judgment directs the sale of the whole property, the\nadditional allowance specified in subdivision (a) shall be computed as\nprovided in subdivision (b) upon the whole sum unpaid upon the mortgage.\nIf the judgment directs the sale of a part only, it shall be computed\nupon the sum actually due, and if the court thereafter grants an order\ndirecting the sale of the remainder or a part thereof, it shall be\ncomputed upon the amount then due. The aggregate of additional\nallowances so computed shall not exceed the sum which would have been\nallowed if the entire sum secured by the mortgage had been due when the\njudgment was entered.\n