Donaldson Acoustics Co. v. Transworld Realty, Inc.

Appellate Division of the Supreme Court of New York

Donaldson Acoustics Co. v. Transworld Realty, Inc.

81 A.D.2d 854, 438 N.Y.S.2d 860, 1981 N.Y. App. Div. LEXIS 11530

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1981

StatusPublished

This text of 81 A.D.2d 854 (Donaldson Acoustics Co. v. Transworld Realty, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donaldson Acoustics Co. v. Transworld Realty, Inc., 81 A.D.2d 854, 438 N.Y.S.2d 860, 1981 N.Y. App. Div. LEXIS 11530 (N.Y. Ct. App. 1981).

Pincite

Opinion

— In an action by a subcontractor (Action No. 2), inter alia, to recover the amount owing to it from the funds received by the prime contractor, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated February 6, 1980, which, inter alia, confirmed the Referee’s report and directed plaintiff to pay $3,125 of the Referee’s fee of $3,875. Order modified, on the facts, by substituting “$3,000” for “$3,875.00” in the second decretal paragraph, and “$2,250” for “$3,125” in the third decretal paragraph. As so modified, order affirmed, without costs or disbursements. The fee awarded to the Referee was excessive to the extent indicated. Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.

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— In an action by a subcontractor (Action No. 2), inter alia, to recover the amount owing to it from the funds received by the prime contractor, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated February 6, 1980, which, inter alia, confirmed the Referee’s report and directed plaintiff to pay $3,125 of the Referee’s fee of $3,875. Order modified, on the facts, by substituting “$3,000” for “$3,875.00” in the second decretal paragraph, and “$2,250” for “$3,125” in the third decretal paragraph. As so modified, order affirmed, without costs or disbursements. The fee awarded to the Referee was excessive to the extent indicated. Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

81 A.D.2d 854, 438 N.Y.S.2d 860, 1981 N.Y. App. Div. LEXIS 11530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donaldson-acoustics-co-v-transworld-realty-inc-nyappdiv-1981.