Emigrant Savings Bank v. Bristol

—Application by the plaintiff pursuant to CPLR 5704 (a) to modify a judgment of the Supreme Court, Kings County (Barron, J.), dated October 3, 2000, which, in an action to foreclose a mortgage, inter alia, granted its ex parte application to confirm a referee’s report but failed to award it $26,758.90 in legal fees and disbursements.

Ordered that the application is granted, without costs or disbursements, and the judgment is modified by adding thereto *498a provision awarding the plaintiff $26,758.90 in legal fees and disbursements.

The Supreme Court improperly denied the plaintiff’s request for an…