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Donaldson Acoustics Co. v. Transworld Realty, Inc.

81 A.D.2d 854 Court N.Y. App. Div. Decision date 1981-05-11 English

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p. 854
Donaldson Acoustics Co., Inc., Plaintiff, v Transworld Realty, Inc., et al., Defendants. (Action No. 1.) American Sportsurfacing Co., Appellant-Respondent, v Donaldson Acoustics Co., Inc., Respondent-Appellant, et al., Defendants. (Action No. 2.)

— In an action by a subcontractor (Action No. 2), inter alia, to recover the amount owing to it from the funds received by the prime contractor, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated February 6, 1980, which, inter alia, confirmed the Referee’s report and directed plaintiff to pay $3,125 of the Referee’s fee of $3,875. Order modified, on the facts, by substituting “$3,000” for “$3,875.00” in the second decretal paragraph, and “$2,250” for “$3,125” in the third decretal paragraph. As so modified, order affirmed, without costs or disbursements. The fee awarded to the Referee was excessive to the extent indicated. Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.