Legal Opinion

In re the Judicial Settlement of Final Account of Manufacturers & Traders Trust Co.

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

Decided February 17, 2012PublishedCited by 3 opinions

1Opinion of the Court

*1277We conclude that the Surrogate erred in awarding respondent $12,000 in guardian ad litem fees. It is well settled that a guardian ad litem is entitled to a reasonable fee, and the reasonableness of the fee is determined based on the same factors used to determine the reasonableness of legal fees in general (see generally Matter of Potts, 213 App Div 59, 61-62 [1925], affd 241 NY 593 [1925]). Those factors include “the nature, extent and necessity of the services, the actual time spent, the nature and complexity of the issues involved, the professional standing of counsel, and the results…

2Cases cited3 opinions

  1. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  2. In Re Estate of PottsNew York Court of Appeals · 1925
  3. In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. In re the Judicial Settlement of Final Account of Manufacturers & Traders Trust Co.Appellate Division of the Supreme Court of the State of New York · 2013
  2. In re the Judicial Settlement of Final Account of Manufacturers & Traders Trust Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. MANUFACTURERS AND TRADERS TRUST CO., MTR. OFAppellate Division of the Supreme Court of the State of New York · 2013

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