Legal Opinion
Klein ex rel. Klein's Outlet, Inc. v. Klein's Outlet, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1944PublishedCited by 4 opinions
1Per curiam
The Referee’s request for fees in excess of those allowed by the statute and defendants’ refusal to stipulate for the payment of such fees, disqualified her from proceeding with the reference. As was said by Ingraham, J., in Smith v. Dunn (94 App. Div. 429, 436): “ When a member of the bar is requested to act as referee it is entirely within his right to refuse to act for the legal fees, and the question for the counsel to determine is whether they are willing to stipulate that the referee" be allowed to charge such an additional fee as will induce him to act; but when the referee has taken…
2Cases cited5 opinions
- Fisher v. FisherNew York Court of Appeals · 1929
- Fisher v. FisherAppellate Division of the Supreme Court of the State of New York · 1928
- Smith v. DunnAppellate Division of the Supreme Court of the State of New York · 1904
- Miles Laboratories, Inc. v. American Pharmaceutical Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Shorr v. Marwill Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by4 opinions
- Weiss v. FeigenbaumDistrict Court, E.D. New York · 1982
- Scinta v. ScintaAppellate Division of the Supreme Court of the State of New York · 1987
- National Bank of North America v. New Paltz Growers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- People ex rel. New York Central Railroad v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1953