N.Y. CPLR § 8302

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8302 Additional allowance to plaintiff as of right in real propertyactions § 8302. Additional allowance to plaintiff as of right in real propertyactions. (a) Actions in which allowance made. A plaintiff, if a judgmentis entered in his favor and he recovers costs, is entitled to anadditional allowance, in an action:1. to foreclose a mortgage upon real property; or2. for the partition of real property; or3. to compel the determination of a claim to real property.(b) Amount of allowance. An additional allowance under this rule shallbe computed upon the amount found to be due upon the mortgage, or thevalue of the property which is partitioned or the claim to which isdetermined, at the rate of:1. ten per cent of a sum not exceeding two hundred dollars; plus2. five per cent of any additional sum not exceeding eight hundreddollars; plus3. two per cent of any additional sum not exceeding two thousanddollars; plus4. one per cent of any additional sum not exceeding five thousanddollars.(c) Additional allowance where action settled. Where an actionspecified in subdivision (a) is settled before judgment, the plaintiffis entitled to an additional allowance upon the amount paid upon thesettlement, computed at one-half of the rates set forth in subdivision(b).(d) Additional allowance in foreclosure action. In an action toforeclose a mortgage upon real property, a plaintiff entitled to anadditional allowance pursuant to subdivision (a) or (c) shall also beentitled to the sum of fifty dollars. Where a part of the mortgage debtis not due, if the judgment directs the sale of the whole property, theadditional allowance specified in subdivision (a) shall be computed asprovided in subdivision (b) upon the whole sum unpaid upon the mortgage.If the judgment directs the sa hole property, theadditional allowance specified in subdivision (a) shall be computed asprovided in subdivision (b) upon the whole sum unpaid upon the mortgage.If the judgment directs the sale of a part only, it shall be computedupon the sum actually due, and if the court thereafter grants an orderdirecting the sale of the remainder or a part thereof, it shall becomputed upon the amount then due. The aggregate of additionalallowances so computed shall not exceed the sum which would have beenallowed if the entire sum secured by the mortgage had been due when thejudgment was entered.