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City Bank Farmers Trust Co. v. Emlu Engineering & Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1938
254 App. Div. 773 (N.Y. App. Div. 1938)

Opinion

May 27, 1938.

Present — Lazansky, P.J., Davis, Johnston, Adel and Taylor, JJ.


On appeal by a receiver, in an action to foreclose a mortgage on real property, from so much of an order entered as (1) sustained two objections to his account and surcharged him with the amounts of the expenditures therein objected to, and as (2) allowed him commissions of only $231.33, order, in so far as appealed from, unanimously affirmed, without costs. The appellant showed no leave of the court to make the expenditures in question, which, on the undisputed testimony, were not necessary to the preservation of the property. (Rules Civ. Prac. rule 175; Acme Mutual Corp. v. Loujay Realty Corp., 247 App. Div. 741; Seldner v. Koons, 246 id. 641.) The commissions were properly computed and allowed by the Special Term, being five per cent on $4,626.50, or $231.33. (Civ. Prac. Act, § 1547.)


Summaries of

City Bank Farmers Trust Co. v. Emlu Engineering & Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1938
254 App. Div. 773 (N.Y. App. Div. 1938)
Case details for

City Bank Farmers Trust Co. v. Emlu Engineering & Construction Corp.

Case Details

Full title:CITY BANK FARMERS TRUST COMPANY, as Executor, etc., of PHILIP KIAMIE, Late…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1938

Citations

254 App. Div. 773 (N.Y. App. Div. 1938)

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