Legal Opinion
In re the Estate of Clinton
New York Surrogate's Court
Decided April 1, 1993PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, J.
This is an application pursuant to EPTL 5-4.6 for court approval of the compromise of a wrongful death action sounding in medical malpractice. The only contested issue is whether retained counsel must absorb the legal fee of $4,987.50 that he paid to another attorney to represent the estate on an appeal as part of his requested legal fee of $226,829, the maximum contingent fee allowed in a medical malpractice action under Judiciary Law § 474-a (2), or whether counsel may treat this expense as a reimbursable disbursement. The estate lost the appeal wherein…
2Cases cited3 opinions
- In re the Accounting of KaiserNew York Surrogate's Court · 1950
- In re the Estate of LevineNew York Surrogate's Court · 1960
- In re the Estate of GonzalezNew York Surrogate's Court · 1991
3Cited by5 opinions
- Yalango v. PoppNew York Court of Appeals · 1994
- In re the Estate of CramerAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of SykesNew York Surrogate's Court · 1994
- In re LaFave, Wein & Frament, PLLCNew York Supreme Court · 2011
- Yalango v. PoppNew York Court of Appeals · 1994