Duffy v. Muller
New York Supreme Court
Application by a referee, appointed in an interlocutory judgment in partition to sell the premises therein described, for the instructions of the court as to the amount of his fees.
1Opinion of the CourtLeventritt, J.
The referee is entitled to a sale fee on the amount bid and to commissions on the amount in his hands for distribution. Section 3297 of the Code provides: “ The fees of a referee appointed to sell real property pursuant to a judgment ip. an action, are the same as those al*12lowed to the sheriff, and he is allowed the same disbursements as the sheriff.” The provisions of subdivision 7 of section 3307 limit the fee basis in the case of a sheriff to the amount collected, in other words, the amount for which he is accountable. The premises in this action were sold by the referee at $18,100, free…
2Cited by2 opinions
- Schorner v. SchornerNew York Supreme Court · 1985
- Buchan v. BuchanNew York Supreme Court · 1919