In re the Arbitration between Cross Properties, Inc. & Gimbel Bros.

We find the amount awarded to the Referee for the services rendered by him to be excessive. We conclude that $25,000 would be fair compensation. We also conclude that the cost of the reference should be borne equally by the parties. While we have held in the companion appeal that the circumstances do not warrant setting the award aside, there was sufficient presented to justify the ordering of the reference. If the charges were merely frivolous or sham then the appellant should be charged with the total expense. However, the evidence adduced at the reference indicates that the objections did…