Kreindler v. Irving Trust Co.

26 A.D.2d 878, 273 N.Y.S.2d 1023, 1966 N.Y. App. Div. LEXIS 3309

Opinion

Motion for reargument granted, without costs. On reargument the court adheres to its original decision. As respects the fiduciary’s attorneys’ right to compensation, recourse must be had in the first instance at least to the provisions of Article VI of the trust agreement, and we clearly held that CPLR 8303 (subd. [a], par. 4) was inapplicable at this juncture. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.