Opinion
August 7, 1986
Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).
An examination of the record indicates that the additional discretionary award of costs to defendant pursuant to CPLR 8303 (a) (1) should be limited to $300. This is particularly true since we made an identical reduction in the award of discretionary costs in Twelve Lions Realty Co. v 684 Owners Corp. ( 109 A.D.2d 603), where the issues were comparable in nature and difficulty.
We note in addition that the award of $3,950.11 to defendant, representing expenses incurred by the receiver and deducted from the sums collected by him, is not a cost and expense "occasioned by the filing and cancellation" of a notice of pendency and was thus improperly allowed under CPLR 6514 (c).
The other points raised by appellants and cross-appellants have been considered and found to be without merit.
Concur — Murphy, P.J., Kupferman, Ross, Kassal and Rosenberger, JJ.