2006 New York Code - Additional Allowance To Plaintiff As Of Right In Real Property Actions.



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

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