Bank of New York & Trust Co. v. Miller

Appellate Division of the Supreme Court of New York

Bank of New York & Trust Co. v. Miller

240 A.D. 992

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1933·Published

Opinion

Order settling receiver’s account modified by disallowing the following items: “ Removing dirt from cellar, $10; William MaeTyre, repairing furnace and plumbing, $52.50; Mr. Powers, plumbing repairs, $6; ” and by striking out the fifty dollars allowed as commissions and the receiver’s' account surcharged with those amounts. As so modified the order is affirmed, without costs, [993]*993on the ground that the special circumstances shown in this record warrant a charge on the plaintiff of the deficiency arising between the amounts of the receipts and disbursements by the receiver — the plaintiff having had the benefit thereof in the improvement of the property. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.

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Order settling receiver’s account modified by disallowing the following items: “ Removing dirt from cellar, $10; William MaeTyre, repairing furnace and plumbing, $52.50; Mr. Powers, plumbing repairs, $6; ” and by striking out the fifty dollars allowed as commissions and the receiver’s' account surcharged with those amounts. As so modified the order is affirmed, without costs, [993]*993on the ground that the special circumstances shown in this record warrant a charge on the plaintiff of the deficiency arising between the amounts of the receipts and disbursements by the receiver — the plaintiff having had the benefit thereof in the improvement of the property. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.

Bank of New York & Trust Co. v. Miller, 240 A.D. 992 (N.Y. Ct. App. 1933).

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