Dime Sav. Bank v. Pettit

The referee is not entitled, under section 3297 of the Code, to additional compensation on a sale of real estate on foreclosure unless he has actually received and is accountable for $10,000 or more in cash. Hosmer v. Gans, 14 Misc. Rep. 229, 35 N. Y. Supp. 471; Insurance Co. v. Bendheim (May 20, 1898) 59 N. Y. Supp. 793. In this case the property was sold for $110,000, and bought in by the plaintiff, leaving a deficiency of. about $13,000. The plaintiff waived the payment of the 10 per cent., so that the referee has re-' ceived nothing. Clearly, extra compensation ■ cannot be demanded here.…