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Matter of Hertz

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 780 (N.Y. App. Div. 1987)

Opinion

March 23, 1987

Appeal from the Surrogate's Court, Queens County (Laurino, S.).


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

Under the circumstances herein, the court did not improvidently exercise its discretion when it set aside a settlement of the estate by agreement and ordered that the executor pay a part of the attorney's and accountant's fees from his statutory commission (SCPA 2110, 2307; Matter of Schaich, 55 A.D.2d 914; Matter of Marri, 79 Misc.2d 990). The reimbursed payments were properly determined to be for performance of duties which the executor was legally bound to perform. Thompson, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.


Summaries of

Matter of Hertz

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 780 (N.Y. App. Div. 1987)
Case details for

Matter of Hertz

Case Details

Full title:In the Matter of the Estate of EMMA HERTZ, Deceased. SYLVAN R. NOVICK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1987

Citations

128 A.D.2d 780 (N.Y. App. Div. 1987)

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