Kant v. Bergman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nils G. Kant, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 30th day of March, 1904, taxing the costs and disbursements of a referee appointed to sell real property in a foreclosure action.
1Opinion of the Court
Per Curiam :
We think that section 3297 and subdivision 6 of section 3307 of the Code of Civil Procedure do not authorize the referee to charge fifty cents for receiving the judgment of sale. Subdivision 11 of the latter section specifies services for which a fee may be charged, the same as for similar services upon the sale of real property by virtue of an execution, but itdoes not include and, therefore impliedly excludes a fee for receiving the judgment.
The referee was not entitled to more than ten dollars for commissions allowed by section 3297 of the Code of Civil Procedure, inasmuch as…
2Cited by1 opinion
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