Ziegler v. McCallion & Associates LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*680The Surrogate’s Court has broad discretion under SCPA 2110 to consider a wide range of factors in fixing attorneys’ fees (Matter of Tendler, 12 AD3d 520, 521 [2004]; Matter of Gluck, 279 AD2d 575 [2001]; see Matter of Sall, 292 AD2d 195 [2002], lv denied 98 NY2d 606 [2002]). Additionally, on appeal from an order fixing the value of legal services, an award of counsel fees will not be disturbed unless it constitutes an abuse of discretion (Matter of Patchin, 106 AD2d 730 [1984]; see also Matter of Klein, 285 AD2d 718 [2001]). The test is to ascertain whether Surrogate’s Court “[took] into…
2Cases cited12 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
- In re the Estate of GluckAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of PiterniakAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of KinzlerAppellate Division of the Supreme Court of the State of New York · 1993
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