Vashovsky v Zablocki

Holding The Appellate Division affirmed the lower court’s denial of the motion to vacate the receiver’s commission, finding that the Supreme Court properly exercised its discretion in awarding a commission of $425,000. The court determined that the awarded amount was less than the statutory maximum of five percent and was reasonable based on the specific circumstances of the case.

The court’s words

a Receiver is not entitled as a matter of right to the maximum 5%, the court having discretion to fix a lesser commission as the facts and circumstances of any particular case indicate

2026 NY Slip Op 05994, at the official text

the court should take into account, inter alia, the value and size of the assets under administration, the quantity, nature, and complexity of the services rendered by the receiver

2026 NY Slip Op 05994, at the official text