Underwriters Trust Co. v. Molitor

259 A.D. 1092, 21 N.Y.S.2d 897, 1940 N.Y. App. Div. LEXIS 8120

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 2, 1940
• Status: Published

Opinion

Accounting of receiver in foreclosure action. Order of the County Court of Nassau County, confirming the referee’s report, settling account of receiver, etc., modified by surcharging the receiver for rents that should have been collected from 735 Park Place, $55, and from 741 Park Place, $60; by fixing the receiver’s fee at $27.55, instead of $100, the receiver’s attorney’s fee at $125, instead of $200, and the referee’s fee at $225, instead of $300; so that the receiver will account as follows:

The receiver is charged with

Amount on hand............... $264 39

Surcharge...................... 115 00

- $379 39

to be disposed of as follows:

Receiver’s commission........... $27 55

Receiver’s attorney............. 125 00

Referee’s fee................... 225 00

- 377 55

To be paid to plaintiff.................. $1 84

As thus modified, the order is affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.