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MATTER OF NICIT v. SCHMIDT

156 A.D.2d 1021 (1989)

In the Matter of John J. Nicit, as Executor of Emma E. Edelmann, Deceased, Administratrix of The Estate of Gottfried Edelmann, Deceased, Appellant, v. Emilie Schmidt et al., Respondents

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

December 20, 1989

Order insofar as appealed from unanimously affirmed without costs.

Memorandum:

The Surrogate erred in concluding, as a matter of law, that petitioner was not entitled to predecision interest on the amount awarded to him as attorney's fees (see, Matter of Aaron, 30 N.Y.2d 718). However, upon our review of the record and in the exercise of our independent discretionary powers (see, Broida v Bancroft...

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