In re the Estate of Sackler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
In this proceeding pursuant to SCPA 2110, the petitioner law firm of Breed, Abbott & Morgan (hereinafter BAM) sought to have the Surrogate fix and determine its fees for legal services rendered to the appellant, Gillian T. Sackler, an executor of the estate of Arthur Sackler. In her answer to the petition, the appellant set forth five affirmative defenses, asserted a distinct counterclaim sounding in legal malpractice, and demanded a jury trial. The Surrogate, reasoning that SCPA 2110 proceedings are purely statutory and rest in equity, struck the jury demand.…
2Cases cited13 opinions
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
- In Re Estate of MathesonNew York Court of Appeals · 1934
- In re the Estate of LuriaNew York Surrogate's Court · 1970
- In re the Estate of GarfieldNew York Court of Appeals · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Giambrone v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Hatfield v. HerzDistrict Court, S.D. New York · 2000
- In re the Estate of TisdaleNew York Surrogate's Court · 1997
- In re the Estate of PalmaAppellate Division of the Supreme Court of the State of New York · 2005
- Behrins & Behrins, P.C. v. ChanAppellate Division of the Supreme Court of the State of New York · 2005
3 more not listed; retrieve them via the Exa API.