N.Y. Civil Practice Law & Rules § 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 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.