N.Y. CPLR § 8303

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8303 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 beenawarded, the court before which the trial was had, or in which thejudgment was entered, on motion, may award:1. to any party to an action to foreclose a mortgage upon realproperty, a sum not exceeding two and one-half percent of the sum due orclaimed to be due upon such mortgage, and not exceeding the sum of threehundred dollars; or2. to any party to a difficult or extraordinary case, where a defensehas been interposed, a sum not exceeding five per cent of the sumrecovered or claimed, or of the value of the subject matter involved,and not exceeding the sum of three thousand dollars; or3. to any party to an action for the partition of real property, a sumnot exceeding five per cent of the value of the subject matter involvedand not exceeding the sum of three thousand dollars; or4. to the fiduciary or to any party to an action which involves theconstruction of a will or an intervivos trust instrument, such sums asit deems reasonable for counsel fees and other expenses necessarilyincurred with respect to such construction in the action; and the courtmay direct that the whole or any part of such allowance shall be paid tothe attorney rendering the services in the action, and may provide thatthe determination of the amount of any allowance in connection therewithbe reserved for a supplemental order to be entered after the time toappeal has expired, or if an appeal be taken, then after finaldetermination of the appeal; and a court on appeal may make a like awardand direction on appeal; or5. to the attorney for the petitioner in a proceeding to dispose of aninfant's property, such s rmination of the appeal; and a court on appeal may make a like awardand direction on appeal; or5. to the attorney for the petitioner in a proceeding to dispose of aninfant's property, such sum as to the court may seem just and proper; or6. to the plaintiffs in an action or proceeding brought by theattorney-general under articles twenty-two, twenty-two-A, twenty-three-Aor thirty-three or section three hundred ninety-one-b or five hundredtwenty-a of the general business law, or under subdivision twelve ofsection sixty-three of the executive law, or under article twenty-threeof the arts and cultural affairs law, or in an action or proceedingbrought by the attorney-general under applicable statutes to dissolve acorporation or for usurpation of public office, or unlawful exercise offranchise or of corporate right, a sum not exceeding two thousanddollars against each defendant.(b) Discretionary allowance on enforcement motion. The court, on amotion relating to the enforcement of a judgment, may award to thejudgment creditor a sum not exceeding five per cent of the judgment orfifty dollars, whichever is more.