The Equitable Life Assurance Society of the United States, Appellant, v. Mary E. Curry and Others, Defendants; John L. Reiter, as Receiver, etc., Great American Indemnity Company and Cities Service Asphalt Products Co., Respondents

The Equitable Life Assurance Society of the United States, Appellant, v. Mary E. Curry and Others, Defendants; John L. Reiter, as Receiver, etc., Great American Indemnity Company and Cities Service Asphalt Products Co., Respondents. [MAJORITY] Appeal from an order confirming the report of an official referee on the accounting of a receiver of rents in a foreclosure action. The receiver has on hand $71.48. There is an unpaid bill amounting to $188.46; the receiver’s fees were fixed at $71.95 and his lawyer’s fee at $50, making a total of $310.41, leaving a deficit of $238.93, which the order directs the plaintiff to pay to the receiver. Order modified by striking out the direction that plaintiff pay to the receiver the sum of $238.93 and the directions for the disbursement of that sum and the sum on hand, and by providing that the sum of $71.48 in the hands of the receiver be paid to City Service Asphalt Products Co., and that the confirmation of the referee’s report be limited accordingly; and, as so modified, the order is affirmed, without costs. (Title Guarantee & Trust Co. v. Koralek, 247 App. Div. 915; Title Guarantee & Trust Co. v. Abrams, 248 id. 595.) Lazansky, P. J., Cars-well, Johnston, Adel and Close, JJ., concur.