Elsesser v. Pfleging

Appellate Division of the Supreme Court of New York

Elsesser v. Pfleging

254 A.D. 753, 4 N.Y.S.2d 275, 1938 N.Y. App. Div. LEXIS 7478

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

DecidedMay 13, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 753 (Elsesser v. Pfleging) 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

Elsesser v. Pfleging, 254 A.D. 753, 4 N.Y.S.2d 275, 1938 N.Y. App. Div. LEXIS 7478 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order granting an allowance of $450 to the attorneys for the receiver modified by reducing the allowance to $175 and as so modified affirmed, in so far as an appeal is taken, with ten dollars costs and disbursements to the appellants, payable by the attorneys. Most of the services enumerated as a basis for an allowance for legal services are of a nature that should have been performed by the receiver himself. Such of the services as justified a legal charge were of a trivial and relatively unimportant nature and do not warrant an allowance in excess of the amount here fix¡ed, especially where no time basis for the legal services rendered is contained in the affidavit upon which the application for an allowance was sought. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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Order granting an allowance of $450 to the attorneys for the receiver modified by reducing the allowance to $175 and as so modified affirmed, in so far as an appeal is taken, with ten dollars costs and disbursements to the appellants, payable by the attorneys. Most of the services enumerated as a basis for an allowance for legal services are of a nature that should have been performed by the receiver himself. Such of the services as justified a legal charge were of a trivial and relatively unimportant nature and do not warrant an allowance in excess of the amount here fix¡ed, especially where no time basis for the legal services rendered is contained in the affidavit upon which the application for an allowance was sought. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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Bluebook (online)

254 A.D. 753, 4 N.Y.S.2d 275, 1938 N.Y. App. Div. LEXIS 7478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elsesser-v-pfleging-nyappdiv-1938.

Opinion

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