From Casetext: Smarter Legal Research

In re the Estate of Lenk

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 802 (N.Y. App. Div. 1995)

Opinion

August 28, 1995

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


Ordered that the appeal from the order dated August 6, 1993, is dismissed, without costs or disbursements; and it is further,

Ordered that the order dated October 5, 1993, is reversed insofar as appealed from, as a matter of discretion, without costs or disbursements, and the law firm's motion to withdraw is granted.

The estate is not aggrieved by the order dated August 6, 1993, reducing the legal fees payable to the law firm of Feltman, Karesh, Major Farbman (hereinafter the law firm) for services rendered to the estate of Pauline Lenk (see, CPLR 5511; Matter of Sold, 215 A.D.2d 566; Matter of Serafim, 140 A.D.2d 350).

In light of the executrix's refusal to pay the law firm a reasonable fee for the services it rendered on her behalf, it was an improvident exercise of discretion to deny the law firm's motion to withdraw as counsel for the estate (see, Galvano v Galvano, 193 A.D.2d 779, 780). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

In re the Estate of Lenk

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 802 (N.Y. App. Div. 1995)
Case details for

In re the Estate of Lenk

Case Details

Full title:In the Matter of the Estate of PAULINE LENK, Also Known as PAULINE TEISCH…

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

Date published: Aug 28, 1995

Citations

218 A.D.2d 802 (N.Y. App. Div. 1995)
631 N.Y.S.2d 67

Citing Cases

In re HSBC Bank U.S.

Petitioners' appeal must be dismissed. Only an aggrieved party may appeal from an order (see generally CPLR…

Aragona V v. Shaibani

The Supreme Court improvidently exercised its discretion in denying the appellant's unopposed renewed motion…