JP Morgan Chase Bank v. Pizzini

OPINION OF THE COURT

Paul A. Victor, J.

Issue Presented

This proceeding raises a recurring issue concerning the payment of referee’s fees arising out of mortgage foreclosure proceedings. The issue has evoked conflicting approaches by the trial courts, and judicial responses which are still developing. Although it has become almost commonplace for referees to seek and obtain payment in excess of the $500 fee which is set forth in CPLR 8003 (b), the issue as to the appropriate methodology to compensate referees has only recently begun to receive the attention of the courts. (See Bergman, Real…