§ 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.