Miller v. Yardarm Club Hotel, Inc.

Appellate Division of the Supreme Court of New York

Miller v. Yardarm Club Hotel, Inc.

46 A.D.2d 894, 363 N.Y.S.2d 804, 1974 N.Y. App. Div. LEXIS 3427

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

DecidedDecember 9, 1974

StatusPublished

This text of 46 A.D.2d 894 (Miller v. Yardarm Club Hotel, 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

Miller v. Yardarm Club Hotel, Inc., 46 A.D.2d 894, 363 N.Y.S.2d 804, 1974 N.Y. App. Div. LEXIS 3427 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to foreclose three mortgages on real property, the corporate defendant appeals from an order of the Supreme Court, Nassau County, dated December 11, 1972 and entered in Suffolk County, which, inter alia, (1) settled the receiver’s account and (2) allowed him a fee, as attorney for himself, as receiver, in the amount of $2,500. Order modified, on the facts, by (1) deleting from its third and fifth decretal paragraphs the figure “ $2,500.00 ” and inserting in its place the figure “$1,000” and (2) by deleting the figure “$540.60” from its fifth decretal paragraph and inserting in its place the figure “ $2,040.60 ”. As so modified, order affirmed, without costs. The amount awarded as counsel fees was excessive to the extent indicated herein. • Martuscello, Latham, Christ and Benjamin, JJ., concur; Gulotta, P. J., not voting.

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In an action to foreclose three mortgages on real property, the corporate defendant appeals from an order of the Supreme Court, Nassau County, dated December 11, 1972 and entered in Suffolk County, which, inter alia, (1) settled the receiver’s account and (2) allowed him a fee, as attorney for himself, as receiver, in the amount of $2,500. Order modified, on the facts, by (1) deleting from its third and fifth decretal paragraphs the figure “ $2,500.00 ” and inserting in its place the figure “$1,000” and (2) by deleting the figure “$540.60” from its fifth decretal paragraph and inserting in its place the figure “ $2,040.60 ”. As so modified, order affirmed, without costs. The amount awarded as counsel fees was excessive to the extent indicated herein. • Martuscello, Latham, Christ and Benjamin, JJ., concur; Gulotta, P. J., not voting.

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Bluebook (online)

46 A.D.2d 894, 363 N.Y.S.2d 804, 1974 N.Y. App. Div. LEXIS 3427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-yardarm-club-hotel-inc-nyappdiv-1974.