Miss Susan, Inc. v. Enterprise & Century Undergarment Co.

Appellate Division of the Supreme Court of New York

Miss Susan, Inc. v. Enterprise & Century Undergarment Co.

269 A.D. 70, 53 N.Y.S.2d 754

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

DecidedMarch 23, 1945

StatusPublished

This text of 269 A.D. 70 (Miss Susan, Inc. v. Enterprise & Century Undergarment 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

Miss Susan, Inc. v. Enterprise & Century Undergarment Co., 269 A.D. 70, 53 N.Y.S.2d 754 (N.Y. Ct. App. 1945).

Pincite

Opinion

Per Curiam.

Unless agreed upon, or judicially determined, the fees of a referee may not be taxed in the absence of an affidavit by the referee setting forth the number of hours spent on the business of the reference and a showing that the time was necessarily devoted to it. (Eagan v. Eagan, 51 App. Div. 635; Brown v. Windmuller, 14 Abb. Prac. [N. S.] 359.)

There is nothing in the record before us from which it can be determined whether the ninety-six hours claimed to have been spent by the referee were necessary. As a consequence the order appealed from should be reversed,' with twenty dollars costs and disbursements, and the motion granted.

Martin, P. J., Townley, .Glennon, Untermyer and Dore, JJ.z concur.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. Settle order on notice.

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