Summary
In Matter of Bronx Park East Co. v. Weaver (5 A.D.2d 810) we inferentially placed our imprimatur on the use of the formula in agent-managed properties.
Summary of this case from Matter of Philip-Toby Realties v. WeaverOpinion
February 4, 1958
Order unanimously affirmed, with $20 costs and disbursements to the respondent. The question presented on this appeal is whether the action of the respondent Administrator was arbitrary and capricious in disallowing a certain sum as an operating expense. Since the appellant has been allowed full management commissions and expenses, and the enumerated duties of the assistant superintendent (though paid by appellant) were clearly within the scope of management functions, we think to answer the question in the affirmative would be to sanction a duplication of such operating expense.
Concur — Rabin, J.P., Frank, Valente, McNally and Stevens, JJ.