In re the Accounting of Brown

Appellate Division of the Supreme Court of New York

In re the Accounting of Brown

7 A.D.2d 645, 181 N.Y.S.2d 185, 1958 N.Y. App. Div. LEXIS 4217

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1958·Published

Opinion

Appeal (1) from [646]*646so much of a decree of the Surrogate’s Court, Richmond County, judicially settling the administrator’s account, as fixed appellant’s fee at $2,000, and (2) from an order denying a subsequent application on additional facts for similar relief, or for alternative relief. Appellant claimed his fee was fixed by the terms of a written retainer between him and the attorney in fact acting under a power of attorney for distributees residing in Russia. The subsequent application was based upon a written confirmation executed by two of the three distributees after appellant’s services had been fully rendered. Decree insofar as appealed from and order unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ. [5 Misc 2d 657.]

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Appeal (1) from [646]*646so much of a decree of the Surrogate’s Court, Richmond County, judicially settling the administrator’s account, as fixed appellant’s fee at $2,000, and (2) from an order denying a subsequent application on additional facts for similar relief, or for alternative relief. Appellant claimed his fee was fixed by the terms of a written retainer between him and the attorney in fact acting under a power of attorney for distributees residing in Russia. The subsequent application was based upon a written confirmation executed by two of the three distributees after appellant’s services had been fully rendered. Decree insofar as appealed from and order unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ. [5 Misc 2d 657.]

In re the Accounting of Brown, 7 A.D.2d 645, 181 N.Y.S.2d 185, 1958 N.Y. App. Div. LEXIS 4217 (N.Y. Ct. App. 1958).

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Opinion

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