Legal Opinion

Matter of Garcia

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

Decided June 6, 2017No. 4177 92502/08Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered March 16, 2015, which, insofar as appealed from as limited by the brief, found that appellant’s compensation as a co-property guardian should be based on quantum meruit, unanimously affirmed, without costs.

Although the initial guardianship order provided that appellant would be compensated pursuant to SCPA 2309, the court had the discretion to change the method of computing his compensation based on the services he actually rendered, rather than the value of the trust assets (see Matter of Goldstein v Zabel, 146 AD3d 624, 625…

2Cases cited1 opinion

  1. Matter of Goldstein v. ZabelAppellate Division of the Supreme Court of the State of New York · 2017

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