On October 14, 2026, the Second Department issued a decision in Vashovsky v. Zablocki, 2026 NY Slip Op. 05994, holding that a court did not err in awarding a receiver a commission of less than five percent of the amount recovered, explaining:
CPLR 8004(a) provides that a receiver is entitled to such commissions, not exceeding five per cent upon the sums received and disbursed by him, as the court by which he is appointed allows. In other 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. In fixing the appropriate amount of compensation, 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, and the overall reasonableness of the ultimate dollar amount arrived at by applying the formula set out in CPLR 8004. Under the circumstances presented here, the Supreme Court providently exercised its discretion in awarding the receiver a commission in the sum of $425,000, which is less than 5% of the sums received and amounts disbursed by the receiver.
(Internal quotations and citations omitted).