Appellate Division of the Supreme Court of New York, 1931

Pfeifer v. 1770 West Sixth Street Corp.

Pfeifer v. 1770 West Sixth Street Corp.
Appellate Division of the Supreme Court of New York · Decided November 15, 1931
234 A.D. 777
Pfeifer v. 1770 West Sixth Street Corp.

Opinion of the Court

Order modified by allowing counsel for the receiver the sum of $500 instead of $400 as therein provided, and by changing the sum of $4,166.63, appearing twice in the fourth decretal paragraph of the order, to $4,066.63 in each instance. As so modified, the order is affirmed, with ten dollars costs and disbursements to respondent. Without special direction in the order appointing him, a receiver of rents is not authorized to charge as an expense the services of an agent who collects the rents for him. Such special direction should be made only when circumstances require it. Here, although the order provides for the hiring and employing of such persons as may be necessary, even if it were deemed the special direction above mentioned, the facts show that the employment of an agent to collect the rents was not necessary. Lazansky, P. J., Young, Kapper, Hagarty and Seudder, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.