Reis v. Decker

OPINION OF THE COURT

Robert L. Estes, J.

In her testimony before the Referee appointed to compute and report in this mortgage foreclosure proceeding, the plaintiff has testified that in addition to the principal balance and accrued interest, the defendants owe 17 installments of late charges authorized by section 254-b of the Real Property Law, in the amount of $5.28 each, aggregating $89.76. The Referee has reported that such amounts are due and owing to the plaintiff.

*742The plaintiff may not properly claim late charges in this proceeding. To the extent that she has, her testimony was inaccurate…