MATTER OF JAPAN DIAMOND POLISHING WORKS, LTD.


188 A.D.2d 359 (1992)

In the Matter of the Judicial Dissolution of Japan Diamond Polishing Works, Ltd., Respondent. Ichiro Shoda et al., Petitioners. Emil M. Sanchez, as Temporary Receiver of Japan Diamond Polishing Works, Ltd., Appellant, v. Neil Tokayer et al., Respondents

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

December 10, 1992


Compensation for a receiver is governed by Business Corporation Law § 1217 (a), which sets a commission based on "the sums received and disbursed" and since plaintiff was paid accordingly, he is entitled to no further compensation for his activities as a receiver (see, Matter of Kane, 75 N.Y.2d 511, 515-516). However, plaintiff should also have been awarded his "necessary expenses" for which the statute makes provision...

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