MATTER OF FALES


294 A.D.2d 165 (2002)

741 N.Y.S.2d 414

In the Matter of the Estate of HALIBURTON FALES, Deceased. UNITED STATES TRUST COMPANY OF NEW YORK, Respondent; HALIBURTON FALES, II, Appellant.

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

Decided May 9, 2002.


Respondent contends that he had notice only of a claim for a $5,000 counsel fee as part of petitioner's intermediate accounting, but no notice of a claim for a $65,000 fee. Respondent claims that the alleged lack of notice amounted to a denial of due process, and raises several challenges to the fee provision in the decree. Respondent's claim of a violation of due process, as well as his claims of estoppel, waiver and an ambiguous settlement agreement, are raised for the...

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