Appellate Division of the Supreme Court of New York, 1978

Ferguson v. Carson

Ferguson v. Carson
Appellate Division of the Supreme Court of New York · Decided November 20, 1978
65 A.D.2d 795; 410 N.Y.S.2d 536; 1978 N.Y. App. Div. LEXIS 13665
Ferguson v. Carson

Opinion of the Court

In a proceeding to compel the respondent to deliver to the petitioner’s attorney certain escrow funds held by him, which proceeding was deemed to be pursuant to SCPA 2110 to fix and determine the compensation of the respondent for services rendered to the petitioner, the parties cross-appeal from a decree of the Surrogate’s Court, Rockland County, entered March 13, 1978, which, inter alia, fixed the compensation for legal services rendered by the respondent at $11,000. Decree affirmed, without costs or disbursements. In making our determination, we have, inter alia, taken into consideration that the petitioner is outside the jurisdiction of this court and that her attorney has refused to disclose her whereabouts despite the direction of the court to do so. Hopkins, J. P., Damiani, Rabin and Shapiro, JJ., concur.

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