In re Barich
Cases that cite this one
7 later published cases cite this decision.
- Walgreen Co. v. Kassover (New York Supreme Court, New York County 2024)
- Ehlenfield v. Kingsbury (Appellate Division of the Supreme Court of New York 2022)
- MANUFACTURERS AND TRADERS TRUST CO., MTR. OF (Appellate Division of the Supreme Court of New York 2013)
- In re the Judicial Settlement of Final Account of Manufacturers & Traders Trust Co. (Appellate Division of the Supreme Court of New York 2013)
- In re the Judicial Settlement of Final Account of Manufacturers & Traders Trust Co. (Appellate Division of the Supreme Court of New York 2013)
- In re the Estate of Askin (Appellate Division of the Supreme Court of New York 2013)
- In re the Estate of Askin (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The executor engaged the law firm of Walsh, Wicks & Salisbury (hereinafter the appellant) to represent her in connection with her administration of the estate under an August 2, 2006, retainer agreement which provided for the payment of an attorney’s fee by various percentages of the gross taxable estate.
On or around May 13, 2009, the executor discharged the appellant and retained another law firm to act in its place. By petition dated May 6, 2009, the appellant requested an award of an attorney’s fee in the sum of $15,000 for services rendered over the course of 23A years.
“ ‘In evaluating what constitutes a reasonable attorney’s fee, factors to be considered include the time and labor expended, the difficulty of the questions involved and the required skill to handle the problems presented, the attorney’s experience, ability, and reputation, the amount involved, the customary fee charged for such services, and the results obtained’ ” (Matter of Talbot, 84 AD3d 967, 967-968 [2011], quoting Matter of Szkambara, 53 AD3d 502, 502-503 [2008]; see Matter of Freeman, 34 NY2d 1, 9 [1974]). The appellant’s initial affidavit in support of its request for attorney’s fees properly identified the attorney who rendered the services and provided a contemporaneous itemization of the time spent, the date on which services were rendered, and a brief description of the services, along with a narrative description of the services, which satisfied the requirements for estabhshing the entitlement to an attorney’s fee pursuant to Uniform Rules for Surrogate’s Court (22 NYCRR) § 207.45 (a).
We agree with the Surrogate that certain services which the appellant provided were not related to the administration of the estate or involved the individual interests of the two legatees, neither of which is compensable. However, our review of the record leads us to the conclusion that the appellant was entitled
Case-law data current through December 31, 2025. Source: CourtListener bulk data.