Jakubowicz v. A.C. Green Electrical Contractors, Inc.

Ellerin, J. (dissenting).

While I agree that ordinarily the statute appears to limit the receiver’s fees to the schedules in Business Corporation Law § 1217,1 believe that the unique circumstances of this case require additional relief. Indeed, the motion court itself acknowledged “the receiver’s invaluable assistance in successfully expediting these proceedings tactfully, notwithstanding the open hostility of the litigants towards each other,” but indicated that it was “barred from basing his compensation on the worth of these services however useful they may have been.” This encomium merely…