JP MORGAN CHASE v. PIZZINI


12 Misc.3d 520 (2006)

813 N.Y.S.2d 649

JP MORGAN CHASE BANK, Formerly Known as CHASE MANHATTAN BANK, Formerly Known as CHEMICAL BANK, Plaintiff, v. FRANK PIZZINI et al., Defendants.

Supreme Court, Bronx County.

April 5, 2006.


Attorney(s) appearing for the Case

Roy, Mondello, LaRocca & Risotto, Irvington, for Board of Managers of Parkchester South Condominium, Inc., defendant.

Steven J. Baum, Buffalo, for plaintiff.

Luis Sepulveda, Bronx, Referee pro se.


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),...

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