Opinion
December 10, 1992
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
Compensation for a receiver is governed by Business Corporation Law § 1217 (a), which sets a commission based on "the sums received and disbursed" and since plaintiff was paid accordingly, he is entitled to no further compensation for his activities as a receiver (see, Matter of Kane, 75 N.Y.2d 511, 515-516). However, plaintiff should also have been awarded his "necessary expenses" for which the statute makes provision as well, there being adequate documentation thereof.
Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.