Legal Opinion

In re De Santis

New York Supreme Court

Decided January 8, 2001Published

1Opinion of the Court

OPINION OF THE COURT

Frank S. Rossetti, J.

Motion by petitioner is granted in part and otherwise continued, in accordance with the following: This application brings to the court the somewhat ticklish issue of what are reasonable legal fees for a petitioner’s attorneys in a guardianship proceeding under article 81 of the Mental Hygiene Law where such are subject to an independent retainer agreement. The complicating factor in this motion is that it does not solely involve a determination of the reasonableness of the legal fees to be assessed against the guardianship estate (c/., Mental Hygiene…

2Cases cited17 opinions

  1. In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
  2. Gair v. PeckNew York Court of Appeals · 1959
  3. First National Bank v. BrowerNew York Court of Appeals · 1977
  4. Shaw v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1986
  5. Cohen v. RyanAppellate Division of the Supreme Court of the State of New York · 1970

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