In re the Estate of Reichberg

Appellate Division of the Supreme Court of New York

In re the Estate of Reichberg

283 A.D.2d 650, 725 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 5502

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 2001·Published

Opinion

—In a proceeding to settle the account of the co-executors of the estate of David Reichberg, the objectants appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated August 7, 2000, which granted the co-executors’ motion pursuant to CPLR 3126 to the extent of awarding the co-executors an attorney’s fee in the amount of $4,750 due to the objectants’ failure to proceed with pretrial disclosure.

Ordered that the order is affirmed, with costs.

The award to the co-executors of an attorney’s fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v New York Tel. Co., 235 AD2d 529; Barbiere v Motamed, 209 AD2d 368).

The appellants’ remaining contention is without merit. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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—In a proceeding to settle the account of the co-executors of the estate of David Reichberg, the objectants appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated August 7, 2000, which granted the co-executors’ motion pursuant to CPLR 3126 to the extent of awarding the co-executors an attorney’s fee in the amount of $4,750 due to the objectants’ failure to proceed with pretrial disclosure.

Ordered that the order is affirmed, with costs.

The award to the co-executors of an attorney’s fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v New York Tel. Co., 235 AD2d 529; Barbiere v Motamed, 209 AD2d 368).

The appellants’ remaining contention is without merit. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

In re the Estate of Reichberg, 283 A.D.2d 650, 725 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 5502 (N.Y. Ct. App. 2001).

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Opinion

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