In re Phelan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an accounting proceeding, the petitioners appeal from an order of the Surrogate’s Court, Queens County (Laurino, S.), dated December 5, 1989, which limited compensation for legal services to $40,000, and charged an additional $6,000 against executor’s commissions.
Ordered that the order is affirmed, without costs or disbursements.
Although the appellant attorney was not simultaneously acting as a fiduciary to the estate he represented, the Surrogate did not exceed his statutory authority in ordering the executor to file an account and in reviewing the appellant attorney’s requested $95,000…
2Cases cited8 opinions
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of SchaichAppellate Division of the Supreme Court of the State of New York · 1977
- In Re Estate of PottsNew York Court of Appeals · 1925
- In re the Estate of VerplanckAppellate Division of the Supreme Court of the State of New York · 1989
- In re Von HofeAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by28 opinions
- Sass v. MTA Bus Co.District Court, E.D. New York · 2014
- In re the Estate of BobeckAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of GluckAppellate Division of the Supreme Court of the State of New York · 2001
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Estate of McCannAppellate Division of the Supreme Court of the State of New York · 1997
23 more not listed; retrieve them via the Exa API.