In re the Estate of Tobias

Appellate Division of the Supreme Court of New York

In re the Estate of Tobias

232 A.D.2d 341, 649 N.Y.S.2d 16, 1996 N.Y. App. Div. LEXIS 11206

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

DecidedOctober 31, 1996

StatusPublished

Cited by3 cases

This text of 232 A.D.2d 341 (In re the Estate of Tobias) 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 Estate of Tobias, 232 A.D.2d 341, 649 N.Y.S.2d 16, 1996 N.Y. App. Div. LEXIS 11206 (N.Y. Ct. App. 1996).

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Opinion

—Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about August 22, 1995, which, after a trial on objectant’s accounting objections before a court attorney Referee, inter alia, awarded legal fees in the aggregate amount of $110,000 to counsel for the executrix, to be paid from the decedent’s estate, unanimously affirmed, without costs.

The Surrogate did not err in awarding the fees at issue. After counsel estimated the costs of handling the estate, the matter became more complicated than a routine matter, as had been believed initially. Objections were filed and the accounting became contested, requiring a hearing and the retention of trial counsel. In awarding the fees, the court properly considered the results achieved, the bitter nature of the contest which necessitated many of the services, the size of the estate, the skill of counsel and other relevant criteria {see, Matter of Freeman, 34 NY2d 1, 9). We also note that the court rejected counsel’s request for certain fees as not for compensable services {see, Matter of Passuello, 184 AD2d 108, 111; see also, Matter of Schoonheim, 158 AD2d 183), and awarded $36,948 less than requested. Concur—Rosenberger, J. P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.

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—Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about August 22, 1995, which, after a trial on objectant’s accounting objections before a court attorney Referee, inter alia, awarded legal fees in the aggregate amount of $110,000 to counsel for the executrix, to be paid from the decedent’s estate, unanimously affirmed, without costs.

The Surrogate did not err in awarding the fees at issue. After counsel estimated the costs of handling the estate, the matter became more complicated than a routine matter, as had been believed initially. Objections were filed and the accounting became contested, requiring a hearing and the retention of trial counsel. In awarding the fees, the court properly considered the results achieved, the bitter nature of the contest which necessitated many of the services, the size of the estate, the skill of counsel and other relevant criteria {see, Matter of Freeman, 34 NY2d 1, 9). We also note that the court rejected counsel’s request for certain fees as not for compensable services {see, Matter of Passuello, 184 AD2d 108, 111; see also, Matter of Schoonheim, 158 AD2d 183), and awarded $36,948 less than requested. Concur—Rosenberger, J. P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.

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Bluebook (online)

232 A.D.2d 341, 649 N.Y.S.2d 16, 1996 N.Y. App. Div. LEXIS 11206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-tobias-nyappdiv-1996.

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