Prudential Savings Bank v. Kleinfield

Where an action to foreclose a mortgage upon real property was settled after the referee to sell named in the judgment had published the notice of sale but before the sale took place, it was improper to allow the referee the sum of $100 for his compensation as referee. Under section 1546 of the Civil Practice Act, the referee’s compensation may consist of (1) the same fees allowed to the sheriff and (2) commissions upon the amount secured, distributed or applied. (Prudential Ins. Co. of America v. Hogan, 235 App. Div. 196.) Unless the property is sold for $10,000 or upwards, the referee’s…