Legal Opinion

In re the Estate of Moody

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

Decided December 31, 1986PublishedCited by 7 opinions

1Opinion of the Court

— In an accounting proceeding, the appeal is from *674an order of the Surrogate’s Court, Queens County (Laurino, S.), dated December 11, 1985, which, inter alia, fixed an attorney’s fee at $1,200 and held that the conveyance of a certain parcel of real property was not commissionable.

Ordered that the order is affirmed, without costs or disbursements.

No commissions are payable on real property unless the fiduciary sells the property (Matter of Schaich, 55 AD2d 914; SCPA 2307 [2]; Lipman, 1967 Practice Commentaries, McKinney’s Cons Laws of NY, Book 58A, SCPA 2307, p 363). The sale of the real…

2Cases cited1 opinion

  1. In re the Estate of SchaichAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by7 opinions

  1. In re the Estate of LanyiAppellate Division of the Supreme Court of the State of New York · 1989
  2. In re the Estate of PassuelloAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re Estate of KatzAppellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Estate of ZorekAppellate Division of the Supreme Court of the State of New York · 1987
  5. Estate of Melville v. CommissionerUnited States Tax Court · 1993

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