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Nyctl 1996-I Trust v. Zarum

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2002
292 A.D.2d 577 (N.Y. App. Div. 2002)

Opinion

2001-06783

Submitted February 15, 2002.

March 25, 2002.

In an action to foreclose a mortgage, the Referee, Gopaljee Jaiswal, appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Chambers, J.), dated May 30, 2001, as granted that branch of his motion which was for additional compensation and reimbursement for expenses only to the extent of granting him additional compensation in the sum of $1,000.

Gopaljee Jaiswal, New York, N.Y., nonparty-appellant pro se.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, HOWARD MILLER, and THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, without costs or disbursements.

A Referee is entitled, for each day spent in the business of the reference, to $50 unless a different compensation is fixed by the court or the parties stipulate in writing to a specific rate (see CPLR 8003[a]; Al Moynee Holdings, Ltd. v. Deutsch, 254 A.D.2d 443; Matter of Charles F., 242 A.D.2d 297; Green Point Sav. Bank v. Miller, 233 A.D.2d 292). However, where the Referee renders unusual and exceptional services he or she may receive such additional compensation as the court may deem proper (see Osborn v. DeGraaf Bldg. Corporation, 236 A.D. 172; Chisholm v. Hopson, 182 A.D. 856). Under the circumstances of this case, the grant of additional compensation in the sum of $1,000 was proper.

KRAUSMAN, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.


Summaries of

Nyctl 1996-I Trust v. Zarum

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2002
292 A.D.2d 577 (N.Y. App. Div. 2002)
Case details for

Nyctl 1996-I Trust v. Zarum

Case Details

Full title:NYCTL 1996-I TRUST, ET AL., PLAINTIFFS, v. ZEV ZARUM, ET AL., DEFENDANTS…

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

Date published: Mar 25, 2002

Citations

292 A.D.2d 577 (N.Y. App. Div. 2002)
739 N.Y.S.2d 608

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