Kreindler v. Irving Trust Co.

In a prior action in the Supreme Court, the plaintiff sought to have an irrevocable trust which she created declared a nullity on the grounds of fraud and misrepresentation. After trial of this action before the court, the plaintiff’s complaint was dismissed and the defendants’ attorneys were granted allowances in the amount of $7,233.84 payable out of the trust assets pursuant to CPLR 8303 (subd. [a], par. 4). The plaintiff appealed this judgment and the attorneys for the defendant bank cross-appealed, claiming the inadequacy of the allowances awarded.

The Appellate Division, Third Department…