From Casetext: Smarter Legal Research

Matter of Kraemer

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1972
40 A.D.2d 1053 (N.Y. App. Div. 1972)

Opinion

December 21, 1972


Appeal from an order of the Supreme Court, Fulton County, which approved the account of the proceedings of William B. Kraemer as Temporary Receiver of the Thruway Outdoor Theatre Corporation. Appellant raises numerous objections to the Temporary Receiver's account as approved by Special Term, but we find no basis to disturb the decision of Special Term except as to the amount of commissions to which the Temporary Receiver was entitled. The Temporary Receiver was not entitled to commissions on the amount which was on deposit in the corporate bank account when he assumed his duties nor on the interest generated thereon since such sums were not received and disbursed by him (Business Corporation Law, § 1217; Mackenzie v. Marine Midland Trust Co. of N.Y., 247 App. Div. 750; 8 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 8004.02 and especially n. 5). Nor was he entitled to commissions on receipts and disbursements subsequent to September 4, 1971, the date upon which Goldstein paid the judgment entered against him in the shareholder's derivative action. Accordingly, the commissions should be reduced to $5,155.59. Order modified, on the law and the facts, so as to reduce the commissions awarded to the Temporary Receiver to $5,155.59, and, as so modified, affirmed, without costs. Herlihy, P.J., Greenblott, Cooke, Simons and Reynolds, JJ., concur.


Summaries of

Matter of Kraemer

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1972
40 A.D.2d 1053 (N.Y. App. Div. 1972)
Case details for

Matter of Kraemer

Case Details

Full title:In the Matter of the Final Accounting of WILLIAM B. KRAEMER, as Receiver…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 1972

Citations

40 A.D.2d 1053 (N.Y. App. Div. 1972)

Citing Cases

Matter of Astrove Plumb Heat

These items, upon which the assignee seeks commissions, all represent moneys which came into the estate…

Matter of Arenstein

But see, Matter of F.G.A. Concrete Constr. Corp. ( 26 A.D.2d 639 [2d Dept 1966]), there the court cut the…