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This entry was published on 2014-09-22
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SECTION 8302
Additional allowance to plaintiff as of right in real property actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 83
§ 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.