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MATTER OF AARON

30 N.Y.2d 718 (1972)

In the Matter of The Estate of Becky Aaron, Deceased. Florence Thaler et al., as Executors of Becky Aaron, Deceased, et al., Respondents. Geist, Netter & Marks, Appellants. In the Matter of The Estate of Samuel E. Aaron, Deceased. Norman H. Bushan, as Executor of Samuel E. Aaron, Deceased, et al., Respondents. Geist, Netter & Marks, Appellants.

Court of Appeals of the State of New York.

Decided April 26, 1972.

Attorney(s) appearing for the Case

Morris A. Marks, George E. Netter and Helen M. Wolfsohn for appellants.

Gerald Alpert and David Fromson for executors-respondents.

Robert A. Morse, United States Attorney (Joseph Rosenzweig and David G. Trager of counsel), for United States of America, respondent.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur in memorandum; Judges BURKE and SCILEPPI dissent and vote to affirm.

MEMORANDUM.

The orders appealed from should be modified to the extent of remitting the proceedings to the Appellate Division to reconsider whether predecision interest should be added to the amount of attorneys' fees awarded, and the orders otherwise affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estates.

The court does not review whether the value for services...

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