Beacon Federal Savings & Loan Ass'n v. Marks

In a mortgage foreclosure action, plaintiff appeals from an order of the Supreme Court, Dutchess County (Dachenhausen, J.), dated April 4, 1983, which denied its motion for leave to amend a judgment of foreclosure and sale so as to provide for an award of counsel fees. Order reversed, without costs or disbursements, and matter remitted to Special Term for further proceedings consistent herewith. An award of counsel fees is to be determined by the court, consistent with its traditional and inherent authority to regulate the practice of law, on a quantum meruit basis (see Matter of First Nat.…