In re the Estate of Dicosimo
New York Surrogate's Court
1Opinion of the Court
*90OPINION OF THE COURT
Lee L. Holzman, J.
In this accounting proceeding, the objectant, Loeb & Loeb, L. L. P., moves pursuant to CPLR 3211 (a) (2) to dismiss that portion of the petition which requests that the court order the objectant to refund to the estate that portion of the previously paid legal fee that the court now determines to be in excess of a reasonable fee. The objectant contends that the court lacks subject matter jurisdiction over the controversy inasmuch as it involves a dispute between living persons, itself and the decedent’s son Michael. The objectant argues that this is the…
2Cases cited7 opinions
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- MTR. OF STORTECKY v. MazzoneNew York Court of Appeals · 1995
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of LainezNew York Court of Appeals · 1981
- Matter of ObregonNew York Court of Appeals · 1998
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3Cited by3 opinions
- In re the Estate of WarsaskiNew York Surrogate's Court · 2002
- Goodman v. GoodmanDistrict Court, W.D. New York · 2002
- Lawrence v. MillerAppellate Division of the Supreme Court of the State of New York · 2007