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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. ELLIOT

2008-07560

69 A.D.3d 911 (2010)

892 N.Y.S.2d 794

2010 NY Slip Op 657

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff, v. MARY ELLIOT et al., Defendants, and NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION, Appellant. CITIMORTGAGE, INC., Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of nonparty Citimortgage, Inc., which was for an award of an attorney's fee to be paid from the subject surplus funds is denied.

There is no authority for the allowance of an attorney's fee from the surplus funds in an action to foreclose a mortgage (see Reilly v Empire State Improvement Corp., 251 N...

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