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Matter of Stellis

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 473 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Surrogate's Court, Kings County (Scholnick, S.).


Ordered that the decree is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs payable by the nonparty-appellant.

It is well established that "the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation" (Matter of Verplanck, 151 A.D.2d 767; see also, Matter of Stortecky v. Mazzone, 85 N.Y.2d 518; Matter of Phelan, 173 A.D.2d 621). The award of legal fees in the sum of $38,500 was not an improvident exercise of discretion. No hard and fast rule exists by which it can be determined what is reasonable compensation for an attorney in any given case (see, Matter of Bobeck, 196 A.D.2d 496). A court, however, may consider a number of factors including the time spent, the difficulties involved, the nature of the services, the amount involved, and the results obtained (see, Matter of Bobeck, supra). Moreover, a Surrogate is not bound by the attorney's summary of the hours expended working on legal matters (see, Matter of Bobeck, supra). Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.


Summaries of

Matter of Stellis

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 473 (N.Y. App. Div. 1995)
Case details for

Matter of Stellis

Case Details

Full title:In the Matter of VIVIAN STELLIS, Deceased. JOANNE LEYDEN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 19, 1995

Citations

216 A.D.2d 473 (N.Y. App. Div. 1995)
628 N.Y.S.2d 384

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