Legal Opinion

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

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

Decided May 27, 1938PublishedCited by 2 opinions

1Opinion of the Court

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 Ms 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 *774affirmed, 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…

2Cases cited1 opinion

  1. Acme Mutual Corp. v. Loujay Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1936

3Cited by2 opinions

  1. New York Bank for Savings v. Jamaica Towers West AssociatesNew York Supreme Court · 1966
  2. In Re Studio 54 Disco, Inc.United States Bankruptcy Court, E.D. New York · 1982

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