In re the Estate of Stauderman

An order and two counterorders have been submitted for settlement pursuant to decision of this court dated April 8, 1968.

A controversy exists concerning what expenses are to be allowed to a nonparty pursuant to CPLR 3120 (subd. [b]). The court has been unable to find any case law on the question but has carefully reviewed the 1966 report of the Judicial Conference as well as the commentary of Professor Siegel in the McKinney reports (McKinneys Cons. Laws of N. Y., Book 7B, CPLR 3120). It may well be that attorneys’ fees would be allowed to a nonparty for services rendered during the course of…