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Matter of Linch v. 2ND Ave. R.R. Co., City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1917
180 App. Div. 882 (N.Y. App. Div. 1917)

Opinion

October, 1917.

Present — Clarke, P.J., Scott, Dowling, Smith and Page, JJ.


We are of opinion that the fees of the deceased receiver should be reduced by $25,000. After making the various deductions provided for in the order, from which the appeal is taken, the amount payable to the executrix would be $54,500. The plaintiff should not have been required to pay this recovery in the first instance, but the same should be a first lien upon the funds in the hands of the present receiver and entitled to priority in payment over everything except taxes and necessary current operating expenses. The order will be modified as above indicated, and as modified affirmed, without costs.


Order modified as indicated in opinion and as so modified affirmed, without costs.


Summaries of

Matter of Linch v. 2ND Ave. R.R. Co., City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1917
180 App. Div. 882 (N.Y. App. Div. 1917)
Case details for

Matter of Linch v. 2ND Ave. R.R. Co., City of N.Y

Case Details

Full title:In the Matter of the Petition of ANNA BELLE LINCH, as Executrix, etc., of…

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

Date published: Oct 1, 1917

Citations

180 App. Div. 882 (N.Y. App. Div. 1917)

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