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MATTER OF CAMPBELL

150 A.D.2d 897 (1989)

In the Matter of The Estate of Kenneth F. Campbell, Deceased. Harry J. Campbell, as Administrator of The Estate of Kenneth F. Campbell, Deceased, Appellant; Margaret Chirkis et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 11, 1989

Yesawich, Jr., J.

This matter is before us after having been remitted to Surrogate's Court to determine how the issue, respecting payment of respondents' counsel fees, had been framed in a pretrial stipulation and to allow petitioner to defend himself in the event the stipulation permitted assessment of these fees against petitioner's commissions (138 A.D.2d 827, 829). On remittal, petitioner did not address the merits...

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