Manufacturers Trust Co. v. Seidlas Realty Corp.

Appellate Division of the Supreme Court of New York

Manufacturers Trust Co. v. Seidlas Realty Corp.

250 A.D. 873, 295 N.Y.S. 117, 1937 N.Y. App. Div. LEXIS 9508

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

DecidedApril 26, 1937

StatusPublished

This text of 250 A.D. 873 (Manufacturers Trust Co. v. Seidlas Realty Corp.) 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

Manufacturers Trust Co. v. Seidlas Realty Corp., 250 A.D. 873, 295 N.Y.S. 117, 1937 N.Y. App. Div. LEXIS 9508 (N.Y. Ct. App. 1937).

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Opinion

Order settling receiver’s accounts in an action to foreclose a mortgage modified by reducing the allowance to the receiver from $687.48 to $274.98 and reducing the allowance to the attorney from $1,750 to $1,250, and as thus modified affirmed, without costs. There was no justification for the employment of an agent to collect the rents. The receiver should have done so. (Title Guarantee & Trust Co. v. Chambers Development Corp., 246 App. Div. 643; affd., 270 N. Y. 641; Pfeifer v. 1770 West Sixth Street Corp., 234 App. Div. 777.) Therefore, the disbursements to the agent should be deducted from the allowance which otherwise would have been made to the receiver. The allowance to the attorney for the receiver is excessive for the services rendered. The receiver should have paid the taxes as they accrued with more promptness but in view of the modification made in- the allowance to him, this phase will not be the subject of a surcharge. Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ., concur.

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Order settling receiver’s accounts in an action to foreclose a mortgage modified by reducing the allowance to the receiver from $687.48 to $274.98 and reducing the allowance to the attorney from $1,750 to $1,250, and as thus modified affirmed, without costs. There was no justification for the employment of an agent to collect the rents. The receiver should have done so. (Title Guarantee & Trust Co. v. Chambers Development Corp., 246 App. Div. 643; affd., 270 N. Y. 641; Pfeifer v. 1770 West Sixth Street Corp., 234 App. Div. 777.) Therefore, the disbursements to the agent should be deducted from the allowance which otherwise would have been made to the receiver. The allowance to the attorney for the receiver is excessive for the services rendered. The receiver should have paid the taxes as they accrued with more promptness but in view of the modification made in- the allowance to him, this phase will not be the subject of a surcharge. Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ., concur.

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Bluebook (online)

250 A.D. 873, 295 N.Y.S. 117, 1937 N.Y. App. Div. LEXIS 9508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-trust-co-v-seidlas-realty-corp-nyappdiv-1937.

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