Legal Opinion

In re the Estate of Hughes

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

Decided April 11, 1995PublishedCited by 2 opinions

1Opinion of the Court

Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about September 13, 1993, which granted petitioner administratrix’s application pursuant to SCPA 2110 (3) for return of excessive attorney’s fees paid to appellant by the estate in the sum of $26,500, together with interest, unanimously affirmed, with costs.

Appellant failed to sustain her burden of proving that the $26,500 paid to her by the estate was a fair and reasonable fee (see, Cohen v Ryan, 34 AD2d 789, 790), having proffered no evidence concerning the difficulty of the matter, the skill, time and labor…

2Cases cited2 opinions

  1. In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
  2. Cohen v. RyanAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by2 opinions

  1. In re the Estate of HofmannAppellate Division of the Supreme Court of the State of New York · 2007
  2. In re the Estate of EllisAppellate Division of the Supreme Court of the State of New York · 2000

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