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Kimbark v. Waldemark Co.

151 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1915-01-29 Docket No. 68-15 English

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p. 1124
KIMBARK v. WALDEMARK CO. et al.
(No. 68-15.)
(Supreme Court, Appellate Division, First Department.
January 29, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Elmer M. Kimbark against the Waldemark Company and others. From an order authorizing a receiver to pay a counsel fee, Mortimer Bartlett and another appeal. Reversed, and motion denied. See, also, 161 App. Div. 931 , 146 N. Y. Supp. 1096 .
Philip Carpenter, of New York City, for. appellants. Evan Shelby, of New York City, for respondents.

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 $10 costs and disbursements, and the motion denied, with $10 costs.