Legal Opinion
Metropolitan Savings Bank v. Tuttle
New York Supreme Court
Decided November 13, 1944PublishedCited by 2 opinions
1Opinion of the CourtHammer, J.
Application is here made by defendants for an extra allowance under section 1513 of the Civil Practice Act. Under subdivision 2 thereof defendants seek 5% of the amount claimed in the complaint which seeks foreclosure of a mortgage on real estate in the sum of $19,700. An additional allowance is clearly distinguishable from taxable costs, and the purpose *880of such an award is to indemnify a successful party for expenses beyond those usually incurred but not for the entire expense. (Town of Brighton v. Rochester Vulcanite Pavement Co., 149 Misc. 592.) Under subdivision 2 an extra allowance is…
2Cases cited13 opinions
- Dudley v. . PerkinsNew York Court of Appeals · 1923
- People v. . BootmanNew York Court of Appeals · 1904
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- Osinoff v. Gert Realty Corp.New York Court of Appeals · 1932
- Poughkeepsie Savings Bank v. HerronNew York Court of Appeals · 1931
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3Cited by2 opinions
- People v. Hemingway (In Re Hemingway)District Court, N.D. New York · 1983
- W. T. Grant Co. v. SrogiAppellate Division of the Supreme Court of the State of New York · 1979