MTR. OF ARNOLD PRINT. CORP. (ROCKMORE)


19 A.D.2d 72 (1963)

In the Matter of Arnold Printing Corp., General Assignor. Alexander H. Rockmore, Respondent; David Strauss & Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 25, 1963.


Attorney(s) appearing for the Case

David Sive of counsel (Winer, Neuberger & Sive, attorneys), for appellant.

Cecil A. Citron of counsel (Sherman & Citron, attorneys), for respondent.

BREITEL, J. P., RABIN, McNALLY, EAGER and STEUER, JJ., concur.


Per Curiam.

Involved is the question of the proper rate of commission for an auctioneer which rendered services to an assignee for the benefit of creditors.

The assignee-respondent retained auctioneer-appellant to sell the physical assets of the estate pursuant to court order (Debtor and Creditor Law, § 14). In remitting the proceeds of the sale, the auctioneer deducted 10% of the gross sales as its commission. On the assignee's final accounting...

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