Majority
p. 910Elmer M. Kimbark, Respondent, v. Waldemar Company and Others, Defendants.
Headnote
Mortimer Bartlett and the Albany Apartments Corporation, Appellants; Lindsay, Kalish & Palmer and Henry A. Wise, as Receiver, Respondents.Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 8th day of December, 1914, authorizing the receiver to pay counsel fee.
Upon the affidavits presented to the court there is no basis upon which the court can ascertain the value of the services rendered by the attorney for the receiver. The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.