N.Y. Civil Practice Law & Rules § 8302: 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.