Legal Opinion

In re the Estate of McCann

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1997PublishedCited by 16 opinions

1Opinion of the Court

—In a proceeding to fix attorneys fees pursuant to SCPA 2110, the appeal is from an order of the Surrogate’s Court, Suffolk County (Prudenti, S.), dated September 27, 1995, which fixed the legal fees of the attorneys for the estate in an amount less than requested.

*406Ordered that the order is affirmed, with costs payable by the appellants personally.

It is well settled that the Surrogate "bears the ultimate responsibility to decide what constitutes reasonable legal compensation” in estate matters (Matter of Verplanck, 151 AD2d 767). This is so regardless of whether there was an agreement by the…

2Cases cited7 opinions

  1. In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
  2. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  3. In re the Estate of VerplanckAppellate Division of the Supreme Court of the State of New York · 1989
  4. In re PhelanAppellate Division of the Supreme Court of the State of New York · 1991
  5. In re the Estate of BobeckAppellate Division of the Supreme Court of the State of New York · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Lancer Indemnity Co. v. JKH Realty Group, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of CincottaAppellate Division of the Supreme Court of the State of New York · 2016
  3. Pekofsky v. Estate of CohenAppellate Division of the Supreme Court of the State of New York · 1999
  4. In re ThompsonAppellate Division of the Supreme Court of the State of New York · 2009
  5. In re the Estate of MiddaghAppellate Division of the Supreme Court of the State of New York · 1999

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API