Morrison Cohen LLP v. Schlass

Supreme Court, New York County (Debra A. James, J.), entered January 25, 2007, which, inter alia, granted defendant’s motion to dismiss the complaint and awarded defendant costs of the motion, unanimously modified, on the law and the facts, to vacate the award of costs, and otherwise affirmed, without costs.

Plaintiffs claims for legal fees allegedly unpaid by defendant’s decedent were properly dismissed. The estate against which the claims were brought was in probate in New Jersey, the New Jersey limitations period applicable to the claims had expired, and there was no provision in the…