Legal Opinion
Ryan v. Majestic Home Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1933PublishedCited by 6 opinions
1Opinion of the CourtYoung, J.
The action was brought to foreclose a mortgage. The property was sold to plaintiff for $360. The referee claimed as his fee on the sale $100, which plaintiff refused to pay. Upon the referee’s motion an order was made by the Special Term fixing the fee at $100 on the authority of Edbro Realty Co., Inc., v. Clarey (141 Misc. 779; affd., 235 App. Div. 714).
Section 1546 of the Civil Practice Act provides as follows: “ The fees of a referee appointed to sell real property pursuant to a judgment in an action are the same as those allowed to the sheriff, and he is allowed the same disbursements as…
2Cases cited4 opinions
- Edbro Realty Co. v. ClareyNew York Supreme Court · 1931
- Edbro Realty Co. v. ClareyAppellate Division of the Supreme Court of the State of New York · 1932
- Prudential Insurance Co. of America v. HoganAppellate Division of the Supreme Court of the State of New York · 1932
- Harburger v. St. John's African Methodist Episcopal ChurchNew York Supreme Court · 1914
3Cited by6 opinions
- Railroad Co-Operative Building & Loan Ass'n v. CauteroAppellate Division of the Supreme Court of the State of New York · 1934
- Haviland v. Davedor Realty Corp.New York Supreme Court · 1934
- Brevoort Savings Bank v. GangelAppellate Division of the Supreme Court of the State of New York · 1936
- Levey v. WeisAppellate Division of the Supreme Court of the State of New York · 1934
- Prudential Savings Bank v. KleinfieldAppellate Division of the Supreme Court of the State of New York · 1942
1 more not listed; retrieve them via the Exa API.