Legal Opinion

In re the Estate of Bogom

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

Decided March 13, 1992Published

1Opinion of the Court

Order unanimously affirmed with costs. Memorandum: We agree with the decision and order of the Surrogate and affirm essentially for reasons stated therein. We add only that there is no merit to petitioner’s argument that the settlement stipulation must be set aside because the attorneys involved did not record their authorizations to act as required under EPTL 13-2.3. In our view, inasmuch as no power of attorney was either created by, or required from, the petitioner, the provisions of EPTL 13-2.3 are inapplicable in this case. "An attorney retained in an action has implied authority, by…

2Cases cited2 opinions

  1. Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
  2. In re the Estate of LockeAppellate Division of the Supreme Court of the State of New York · 1964

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