Greenstein v. Devine Construction Co.

Appellate Division of the Supreme Court of New York

Greenstein v. Devine Construction Co.

23 A.D.2d 741, 258 N.Y.S.2d 249, 1965 N.Y. App. Div. LEXIS 4429

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

DecidedApril 15, 1965

StatusPublished

This text of 23 A.D.2d 741 (Greenstein v. Devine Construction Co.) 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

Greenstein v. Devine Construction Co., 23 A.D.2d 741, 258 N.Y.S.2d 249, 1965 N.Y. App. Div. LEXIS 4429 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order entered November 13, 1964, amending order entered October 13, 1964, fixing fee of Referee appointed by order entered October 16, 1963, unanimously modified, on the law and on the facts and in the exercise of discretion, to the extent of reducing the fee to $1,500 and directing that it be paid to the Referee upon his certification of the depositions, and, as so modified, said order entered on November 13, 1964, amending order entered on October 13, 1964 is affirmed, without costs and without disbursements. In our opinion the sum of $1,500 represents a fair evaluation of the Referee’s services as they are set forth in his application. Since his services will not be complete until he certifies the testimony of the defendants as directed in the order entered on October 16, 1963, payment of his fee must await such certification (see 23 Carmody-Wait, New York Practice, § 171.3, p. 208). Settle order on notice. Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ.

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Order entered November 13, 1964, amending order entered October 13, 1964, fixing fee of Referee appointed by order entered October 16, 1963, unanimously modified, on the law and on the facts and in the exercise of discretion, to the extent of reducing the fee to $1,500 and directing that it be paid to the Referee upon his certification of the depositions, and, as so modified, said order entered on November 13, 1964, amending order entered on October 13, 1964 is affirmed, without costs and without disbursements. In our opinion the sum of $1,500 represents a fair evaluation of the Referee’s services as they are set forth in his application. Since his services will not be complete until he certifies the testimony of the defendants as directed in the order entered on October 16, 1963, payment of his fee must await such certification (see 23 Carmody-Wait, New York Practice, § 171.3, p. 208). Settle order on notice. Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ.

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Bluebook (online)

23 A.D.2d 741, 258 N.Y.S.2d 249, 1965 N.Y. App. Div. LEXIS 4429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenstein-v-devine-construction-co-nyappdiv-1965.