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NIAGARA COUNTY SAV. BANK v. THORNWOOD DEV. CORP.

119 A.D.2d 998 (1986)

Niagara County Savings Bank, Respondent, v. Thornwood Development Corporation et al., Defendants, and Anthony Cubello, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 4, 1986

Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

It was error for the court to award plaintiff additional costs in the amount of $3,300. Pursuant to CPLR 8303 (a), a trial court may, on motion, award a party to a mortgage foreclosure action a sum not to exceed $300 (CPLR 8303 [a] [1]) or award a party to a difficult or extraordinary...

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