Legal Opinion

Matter of Melville L. Fergang Revocable Trust

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

Decided June 14, 2016No. 105895/11 1442 1441Published

1Opinion of the Court

Amended judgment, Supreme Court, New York County (Kathryn Freed, J.), entered December 10, 2015, insofar as appealed from, awarding Charles Scott legal fees of $211,435 and reimbursement for expenses in the amount of $1,106.23, unanimously reversed, on the law, without costs, and the matter remanded for an explanation of the reasonableness of the fees awarded and reconsideration if warranted.

As petitioners concede, 22 NYCRR 36.4 does not apply to Scott because he was a guardian ad litem nominated by an infant over 14 years of age (see 22 NYCRR 36.1 [b] [ii]). However, the common law still…

2Cases cited4 opinions

  1. In re the Estate of GrahamAppellate Division of the Supreme Court of the State of New York · 1997
  2. Enko Construction Corp. v. AronshteinAppellate Division of the Supreme Court of the State of New York · 2011
  3. Bomba v. Public AdministratorAppellate Division of the Supreme Court of the State of New York · 2004
  4. Mars v. MarsAppellate Division of the Supreme Court of the State of New York · 2005

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