General
Morris Goldberg, as a Director of Atlantic Fabric Products, Inc., Plaintiff, v. Harry Green et al., Defendants. S. Stanley Kreutzer, as Receiver of Atlantic Fabric Products, Inc., Appellant; Max W. Federman, Respondent
269 A.D. 1052·New York Supreme Court, Appellate Division·1945·NY
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Opinion
Morris Goldberg, as a Director of Atlantic Fabric Products, Inc., Plaintiff, v. Harry Green et al., Defendants. S. Stanley Kreutzer, as Receiver of Atlantic Fabric Products, Inc., Appellant; Max W. Federman, Respondent.
[MAJORITY]
In a stockholder's representative action for an accounting, order fixing auctioneer’s fees and disbursements modified upon the facts by striking from the ordering paragraph the figure “ $700 ” and inserting in lieu thereof the figure “ $300 ”. As so modified, the order, insofar as appealed from, is affirmed, without costs. The allowance to the auctioneer was unreasonable and excessive. Close, P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.