§ 8303 — Additional allowance in the discretion of the court

New York § 8303

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

Text

§ 8303. Additional allowance in the discretion of the court. (a)\nDiscretionary allowance in action. Whether or not costs have been\nawarded, the court before which the trial was had, or in which the\njudgment was entered, on motion, may award:\n 1. to any party to an action to foreclose a mortgage upon real\nproperty, a sum not exceeding two and one-half percent of the sum due or\nclaimed to be due upon such mortgage, and not exceeding the sum of three\nhundred dollars; or\n 2. to any party to a difficult or extraordinary case, where a defense\nhas been interposed, a sum not exceeding five per cent of the sum\nrecovered or claimed, or of the value of the subject matter involved,\nand not exceeding the sum of three thousand dollars; or\n 3. to any party to an action for the partition of real property, a sum\nnot exceeding five per cent of the value of the subject matter involved\nand not exceeding the sum of three thousand dollars; or\n 4. to the fiduciary or to any party to an action which involves the\nconstruction of a will or an intervivos trust instrument, such sums as\nit deems reasonable for counsel fees and other expenses necessarily\nincurred with respect to such construction in the action; and the court\nmay direct that the whole or any part of such allowance shall be paid to\nthe attorney rendering the services in the action, and may provide that\nthe determination of the amount of any allowance in connection therewith\nbe reserved for a supplemental order to be entered after the time to\nappeal has expired, or if an appeal be taken, then after final\ndetermination of the appeal; and a court on appeal may make a like award\nand direction on appeal; or\n 5. to the attorney for the petitioner in a proceeding to dispose of an\ninfant's property, such sum as to the court may seem just and proper; or\n 6. to the plaintiffs in an action or proceeding brought by the\nattorney-general under articles twenty-two, twenty-two-A, twenty-three-A\nor thirty-three or section three hundred ninety-one-b or five hundred\ntwenty-a of the general business law, or under subdivision twelve of\nsection sixty-three of the executive law, or under article twenty-three\nof the arts and cultural affairs law, or in an action or proceeding\nbrought by the attorney-general under applicable statutes to dissolve a\ncorporation or for usurpation of public office, or unlawful exercise of\nfranchise or of corporate right, a sum not exceeding two thousand\ndollars against each defendant.\n (b) Discretionary allowance on enforcement motion. The court, on a\nmotion relating to the enforcement of a judgment, may award to the\njudgment creditor a sum not exceeding five per cent of the judgment or\nfifty dollars, whichever is more.\n