Ordered that the order is affirmed, with costs payable by the appellant.
The petitioner commenced this proceeding seeking to fix his fees and requesting that the fees be paid out of Harold Stark's share in the estate of Fred Stark. The respondent Rita Stark, the executrix of Fred Stark's estate, moved for summary judgment on the ground that the cause of action was meritless because Harold Stark had waived his interest in the estate. The Surrogate's Court granted Rita...
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