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Matter of Kunzelmann

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1068 (N.Y. App. Div. 1993)

Summary

interpreting N.Y. Surr. Ct. Proc. Act § 2110

Summary of this case from McGrath v. Toys "R" Us, Inc.

Opinion

December 29, 1993

Appeal from the Supreme Court, Onondaga County, Murphy, J.

Present — Callahan, J.P., Pine, Fallon, Doerr and Davis, JJ.


Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: The court abused its discretion in fixing the fee of the attorney for the conservatee at a total amount of $1,270,809. Based on the totality of the representation, including the result obtained, the time expended, and the attorney's standing in the legal community, we conclude that the amount awarded was not "`reasonable in relation to the results obtained'" (Becker v Empire of Am. Fed. Sav. Bank, 177 A.D.2d 958, 959, quoting Hensley v Eckerhart, 461 U.S. 429, 440; see, National Fuel Gas Supply Corp. v Cunningham Natural Gas Corp., 191 A.D.2d 1003, 1004; Burke v Crosson, 191 A.D.2d 998, 999). We modify the order to award the attorney for the conservatee $1.5 million (see generally, Northern Westchester Professional Park Assocs. v Town of Bedford, 60 N.Y.2d 492, 499; Matter of Kirisits v State of New York, 107 A.D.2d 156, 160). We note that it was the amount that was agreed to by all parties in the application for approval by the court.


Summaries of

Matter of Kunzelmann

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1068 (N.Y. App. Div. 1993)

interpreting N.Y. Surr. Ct. Proc. Act § 2110

Summary of this case from McGrath v. Toys "R" Us, Inc.
Case details for

Matter of Kunzelmann

Case Details

Full title:In the Matter of SUSAN E. KUNZELMANN, as Conservator for CHRISTOPHER MAW…

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 1068 (N.Y. App. Div. 1993)
605 N.Y.S.2d 606

Citing Cases

McGrath v. Toys "R" Us, Inc.

Moreover, the Fourth Department, in interpreting various other fee provisions under New York law, has…