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

Procedural entryThis page is a short order in Miss Susan, Inc. v. Enterprise & Century Undergarment Co.. Read the opinion of the Court — 270 A.D. 747 →

Appellate Division of the Supreme Court of the State of New York·Decided March 23, 1945·Published

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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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.

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

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