Legal Opinion
Rosenman & Colin v. Winston
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1994PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Arber, J.), entered October 5, 1993, which granted defendant’s motion to transfer the action to the Surrogate’s Court, Westchester County, unanimously affirmed, without costs.
The IAS Court properly concluded that the Surrogate’s Court has jurisdiction over this action to recover legal fees and is better suited to resolve it. Under SCPA 2110 (2), the Surrogate would be empowered to award legal fees to plaintiff from the estate if it is shown that plaintiff rendered services that increased the value of the estate (see, Matter of Bellinger, 55 AD2d…
2Cases cited2 opinions
- In re the Estate of BellingerAppellate Division of the Supreme Court of the State of New York · 1977
- Birnbaum v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- Lawrence v. MillerAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of DriscollAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1999
- Berger v. IckoviczNew York Supreme Court · 1998
- In re the Estate of WarsaskiNew York Surrogate's Court · 2002
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