Haviland v. Davedor Realty Corp.

This motion raises once again the question as to the proper compensation of a referee in foreclosure. The property was knocked down to the plaintiff on a bid of $2,500. No cash passed, as the plaintiff was permitted to apply his bid against the mortgage debt. Under the provisions of section 1546 of the Civil Practice Act the referee should receive:

First. The same fees as a sheriff for a like sale. (Ryan v. Majestic Home Builders, Inc., 238 App. Div. 167.) These, computed in accordance with the rule laid down in the case just cited, would amount to ninety-six dollars and fifty cents, bearing…