2006 New York Code - Additional Allowance In The Discretion Of The Court.



 
    §  8303.  Additional  allowance  in  the  discretion of the court. (a)
  Discretionary allowance in  action.  Whether  or  not  costs  have  been
  awarded,  the  court  before  which  the  trial was had, or in which the
  judgment was entered, on motion, may award:
    1. to any party to  an  action  to  foreclose  a  mortgage  upon  real
  property, a sum not exceeding two and one-half percent of the sum due or
  claimed to be due upon such mortgage, and not exceeding the sum of three
  hundred dollars; or
    2.  to any party to a difficult or extraordinary case, where a defense
  has been interposed, a sum not  exceeding  five  per  cent  of  the  sum
  recovered  or  claimed,  or of the value of the subject matter involved,
  and not exceeding the sum of three thousand dollars; or
    3. to any party to an action for the partition of real property, a sum
  not exceeding five per cent of the value of the subject matter  involved
  and not exceeding the sum of three thousand dollars; or
    4.  to  the  fiduciary or to any party to an action which involves the
  construction of a will or an intervivos trust instrument, such  sums  as
  it  deems  reasonable  for  counsel  fees and other expenses necessarily
  incurred with respect to such construction in the action; and the  court
  may direct that the whole or any part of such allowance shall be paid to
  the  attorney rendering the services in the action, and may provide that
  the determination of the amount of any allowance in connection therewith
  be reserved for a supplemental order to be entered  after  the  time  to
  appeal  has  expired,  or  if  an  appeal  be  taken,  then  after final
  determination of the appeal; and a court on appeal may make a like award
  and direction on appeal; or
    5. to the attorney for the petitioner in a proceeding to dispose of an
  infant's property, such sum as to the court may seem just and proper; or
    6. to the plaintiffs  in  an  action  or  proceeding  brought  by  the
  attorney-general under articles twenty-two, twenty-two-A, twenty-three-A
  or  thirty-three  or  section three hundred ninety-one-b or five hundred
  twenty-a of the general business law, or  under  subdivision  twelve  of
  section  sixty-three of the executive law, or under article twenty-three
  of the arts and cultural affairs law, or  in  an  action  or  proceeding
  brought  by the attorney-general under applicable statutes to dissolve a
  corporation or for usurpation of public office, or unlawful exercise  of
  franchise  or  of  corporate  right,  a  sum  not exceeding two thousand
  dollars against each defendant.
    (b) Discretionary allowance on enforcement motion.  The  court,  on  a
  motion  relating  to  the  enforcement  of  a judgment, may award to the
  judgment creditor a sum not exceeding five per cent of the  judgment  or
  fifty dollars, whichever is more.

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