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Matter of the Estate of Gottschen

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 519 (N.Y. App. Div. 1998)

Opinion

December 21, 1998

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


Ordered that the appeal by the executor Henry W. Glisman is dismissed; and it is further,

Ordered that the decree is affirmed insofar as reviewed; and it is further,

Ordered that the petitioners are awarded one bill of costs, payable by Mark S. Charwat, P. C.

The estate is not aggrieved by the Surrogate's determination to reduce the amount of legal fees requested by the law firm for the estate of William C. Gottschen ( see, Matter of Lenk, 218 A.D.2d 802; Matter of Sold, 215 A.D.2d 566), and, therefore, the appeal by the executor must be dismissed.

The Surrogate has broad discretion in determining what constitutes reasonable compensation for legal services ( see, Matter of McCann, 236 A.D.2d 405; Matter of Vitole, 215 A.D.2d 765; Matter of Verplanck, 151 A2D2d 767). No hard-and-fast rule exists by which it can be determined what is reasonable compensation for an attorney in any given case ( see, Matter of Vitole, supra; Matter of Bobeck, 196 A.D.2d 496; see also, Matter of Potts, 213 App. Div. 59, affd 241 N.Y. 593). On the record before us, it cannot be said that the Surrogate's determination was an improvident exercise of discretion.

Miller, J. P., Ritter, Copertino and Altman, JJ., concur.


Summaries of

Matter of the Estate of Gottschen

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 519 (N.Y. App. Div. 1998)
Case details for

Matter of the Estate of Gottschen

Case Details

Full title:In the Matter of the Estate of WILLIAM C. GOTTSCHEN, Deceased. HENRY W…

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

Date published: Dec 21, 1998

Citations

256 A.D.2d 519 (N.Y. App. Div. 1998)
682 N.Y.S.2d 861

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