In re the Estate of Keitzer

OPINION OF THE COURT

Marie M. Lambert, S.

As an incident to this application to compromise a wrongful death action and settle the administratrix’ account, the petitioner’s attorneys seek a court determination as to the allowable amount of their fees, and the applicability of Judiciary Law § 474-a (1), which mandates a reduced schedule of contingent fees "in any claim or action for medical, dental or podiatric malpractice”.

The decedent died on June 9, 1986, as a result of medical malpractice committed in New York County. His surviving *1051spouse received ancillary letters testamentary and thereafter…