Benlian v. Vartabedian

OPINION OF THE COURT

Herbert A. Posner, J.

This is a motion by a receiver for an order settling his account, fixing his fee, canceling his bond and discharging him. Three out of four of these requests are uncontested and can easily be granted. However, the fixing of a fee poses a problem and is contested by the judgment creditor.

One would imagine, from recent newspaper stories, that to be appointed a receiver is the next best thing to a gift from Santa Claus. By statute, a receiver may receive as a fee for his services up to 5% of the "sums received and disbursed” by him (CPLR 8004, subd [a]).…