Appellate Division of the Supreme Court of New York, 2001

In re the Estate of Reichberg

In re the Estate of Reichberg
Appellate Division of the Supreme Court of New York · Decided May 29, 2001
283 A.D.2d 650; 725 N.Y.S.2d 853; 2001 N.Y. App. Div. LEXIS 5502
In re the Estate of Reichberg

Opinion of the Court

—In a proceeding to settle the account of the co-executors of the estate of David Reichberg, the objectants appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated August 7, 2000, which granted the co-executors’ motion pursuant to CPLR 3126 to the extent of awarding the co-executors an attorney’s fee in the amount of $4,750 due to the objectants’ failure to proceed with pretrial disclosure.

Ordered that the order is affirmed, with costs.

The award to the co-executors of an attorney’s fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v New York Tel. Co., 235 AD2d 529; Barbiere v Motamed, 209 AD2d 368).

The appellants’ remaining contention is without merit. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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