From Casetext: Smarter Legal Research

Matter of Kouri

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 446 (N.Y. App. Div. 2000)

Opinion

Argued February 25, 2000.

April 3, 2000.

In a proceeding to fix attorneys' fees, Tirrell H. Johnson, Executor of the Estate of Michael G. Kouri, appeals from an order of the Surrogate's Court, Dutchess County (Bernhard, S.), dated December 9, 199 8, which fixed the legal fees of the attorneys for the Estate in an amount less than requested.

Scheichet Davis, P.C., New York, N.Y. (David Scheichet of counsel), and Gellert Cutler , P.C., Poughkeepsie, N.Y., for appellant (one brief filed).

Corbally Gartland Rappleyea, Poughkeepsie, N.Y. (Vincent DeBiase of counsel), for respondent Vivienne Kouri.

Melinda Aikins Bass (John M. Denby, East Setauket, N.Y., of counsel), for respondent George Kouri.

McCabe Mack, LLP, Poughkeepsie, N.Y. (Richard R. Duvall of counsel), for respondent Katbe Roarty.


ORDERED that the order is affirmed, with one bill of costs payable by the appellant personally to the respondents appearing separately and filing separate briefs.

It is well settled that the Surrogate "bears the ultimate responsibility to decide what constitutes reasonable legal compensation" in estate matters (see, Matter of Pekofsky v. Estate of Cohen, 259 A.D.2d 702 ; Matter of Verplanck, 151 A.D.2d 767 ). The determination of what constitutes a reasonable fee is a matter "within the sound discretion of the Surrogate, who is in a superior position to judge factors such as the time, effort and skills required" (Matter of McCann, 236 A.D.2d 405, 406 ). Here, in considering these factors, in addition to the difficulties involved in the matter, the nature of the services, and the size of the estate, the Surrogate properly determined what would constitute reasonable compensation for the attorneys' services (see, Matter of Freeman, 34 N.Y.2d 1, 9 ; Matter of Pekofsky v. Estate of Cohen, supra, at 838).

The appellant's remaining contentions are without merit.


Summaries of

Matter of Kouri

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 446 (N.Y. App. Div. 2000)
Case details for

Matter of Kouri

Case Details

Full title:IN THE MATTER OF MICHAEL G. KOURI , deceased. TIRRELL H. JOHNSON, ETC.…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 446 (N.Y. App. Div. 2000)
706 N.Y.S.2d 894