Snyder v. Lefkowitz

Appellate Division of the Supreme Court of New York

Snyder v. Lefkowitz

27 A.D.2d 927, 279 N.Y.S.2d 421, 1967 N.Y. App. Div. LEXIS 4318

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

DecidedApril 27, 1967

StatusPublished

This text of 27 A.D.2d 927 (Snyder v. Lefkowitz) 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

Snyder v. Lefkowitz, 27 A.D.2d 927, 279 N.Y.S.2d 421, 1967 N.Y. App. Div. LEXIS 4318 (N.Y. Ct. App. 1967).

Pincite

Opinion

In this proceeding to settle the final account of the committee of a deceased person the committee, also an attorney, appeals from so much of an order entered October 20, 1966 as denied him an additional fee for services rendered and limited his compensation to the statutory commissions. In our opinion the services rendered were in excess of those normally or usually performed by an executor or administrator and appellant should be allowed a reasonable sum as additional compensation (Mental Hygiene Law, § 109, subd. (1); Matter of Belaquer, 19 A D 2d 841). The order appealed from is unanimously modified, on the law, the facts and in the exercise of discretion, to grant and allow appellant the sum of $1,000 as and for a legal fee and for disbursements incurred, payable out of the estate of the incompetent, and by modifying accordingly the second decretal paragraph of said order. As so modified the order appealed from is otherwise affirmed, without costs or disbursements to either party. It is clear that the sum received was not adequate to compensate appellant, an attorney, for the services rendered (cf. Matter of Townsend, 24 A D 2d 93, concurring opinion Eager, J.). Concur — Botein, P. J., Stevens, Tilzer, McNally and McGivern, JJ.

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In this proceeding to settle the final account of the committee of a deceased person the committee, also an attorney, appeals from so much of an order entered October 20, 1966 as denied him an additional fee for services rendered and limited his compensation to the statutory commissions. In our opinion the services rendered were in excess of those normally or usually performed by an executor or administrator and appellant should be allowed a reasonable sum as additional compensation (Mental Hygiene Law, § 109, subd. (1); Matter of Belaquer, 19 A D 2d 841). The order appealed from is unanimously modified, on the law, the facts and in the exercise of discretion, to grant and allow appellant the sum of $1,000 as and for a legal fee and for disbursements incurred, payable out of the estate of the incompetent, and by modifying accordingly the second decretal paragraph of said order. As so modified the order appealed from is otherwise affirmed, without costs or disbursements to either party. It is clear that the sum received was not adequate to compensate appellant, an attorney, for the services rendered (cf. Matter of Townsend, 24 A D 2d 93, concurring opinion Eager, J.). Concur — Botein, P. J., Stevens, Tilzer, McNally and McGivern, JJ.

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Bluebook (online)

27 A.D.2d 927, 279 N.Y.S.2d 421, 1967 N.Y. App. Div. LEXIS 4318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-lefkowitz-nyappdiv-1967.