In re the Accounting of Costikyan

Appellate Division of the Supreme Court of New York

In re the Accounting of Costikyan

41 A.D.2d 524, 340 N.Y.S.2d 585, 1973 N.Y. App. Div. LEXIS 5257

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

DecidedJanuary 23, 1973

StatusPublished

This text of 41 A.D.2d 524 (In re the Accounting of Costikyan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Costikyan, 41 A.D.2d 524, 340 N.Y.S.2d 585, 1973 N.Y. App. Div. LEXIS 5257 (N.Y. Ct. App. 1973).

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Opinion

Judgments, Supreme Court, New York County, entered on July 11, 1972 and July 13, 1972,1 respectively, in this accounting proceeding, unanimously modified, on the law, on the facts and in the exercise of discretion, insofar as they fixed the fees of the attorneys for the trustees and the guardian ad litem, by reducing said fees to $7,000 for the attorneys and $3,000 for the guardian ad litem in appeal No. [1], and to $3,000 for the attorneys and $1,250 for the guardian ad litem in appeal No. [2], and as so modified, each affirmed, with $60 costs and disbursements payable out of the estate to all parties filing briefs. The size of the estate permits adequate compensation but nothing beyond that. (Matter of Martin, 37 A D 2d 930.) The services of the attorneys in these matters and in the related appeal (Matter of Stowe, 41 A D 2d 523) were to a large extent similar, and based on the time and work involved, we believe that adequate compensation is provided by the fees now allowed. Concur — Kupferman, J. P., Lane, Steuer and Capozzoli, JJ.

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Judgments, Supreme Court, New York County, entered on July 11, 1972 and July 13, 1972,1 respectively, in this accounting proceeding, unanimously modified, on the law, on the facts and in the exercise of discretion, insofar as they fixed the fees of the attorneys for the trustees and the guardian ad litem, by reducing said fees to $7,000 for the attorneys and $3,000 for the guardian ad litem in appeal No. [1], and to $3,000 for the attorneys and $1,250 for the guardian ad litem in appeal No. [2], and as so modified, each affirmed, with $60 costs and disbursements payable out of the estate to all parties filing briefs. The size of the estate permits adequate compensation but nothing beyond that. (Matter of Martin, 37 A D 2d 930.) The services of the attorneys in these matters and in the related appeal (Matter of Stowe, 41 A D 2d 523) were to a large extent similar, and based on the time and work involved, we believe that adequate compensation is provided by the fees now allowed. Concur — Kupferman, J. P., Lane, Steuer and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 524, 340 N.Y.S.2d 585, 1973 N.Y. App. Div. LEXIS 5257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-costikyan-nyappdiv-1973.