LAWRENCE v. MILLER


11 N.Y.3d 588 (2008)

RICHARD S. LAWRENCE et al., as Preliminary Executors of ALICE LAWRENCE, Deceased, Appellants, v. GRAUBARD MILLER et al., Respondents. In the Matter of the Estate of SYLVAN LAWRENCE, Deceased. GRAUBARD MILLER, Respondent; RICHARD S. LAWRENCE et al., as Preliminary Executors of ALICE LAWRENCE, Deceased, et al., Appellants. In the Matter of the Estate of SYLVAN LAWRENCE, Deceased. GRAUBARD MILLER et al., Respondents; RICHARD S. LAWRENCE et al., as Preliminary Executors of ALICE LAWRENCE, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided December 2, 2008.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Leslie D. Corwin, Israel Rubin and Rachel Sims of counsel), for Richard S. Lawrence and another, as preliminary executors of Alice Lawrence, deceased, appellants.

Greenfield Stein & Senior, LLP, New York City (Norman A. Senior, Gary B. Freidman and Jeffery H. Sheetz of counsel), for Richard S. Lawrence, individually and as executor of the estate of Sylvan Lawrence, deceased, appellant.

Berchem, Moses & Devlin, P.C. (Robert L. Berchem, of the Connecticut bar, admitted pro hac vice, of counsel), Kim Koopersmith, P.C., New York City, and Akin Gump Strauss Hauer & Feld LLP (Elizabeth H. Raskin of counsel), for Marta Jo Lawrence and another, residuary legatees.

Flemming Zulack Williamson Zauderer LLP, New York City (Mark C. Zauderer of counsel), Steven Mallis, pro se, and Jones Day, Washington D.C. (Michael A. Carvin of counsel), for respondents.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

Sylvan Lawrence died testate in 1981, leaving his estate to his wife, Alice Lawrence, and three children. In 1982, decedent's will was admitted to probate and decedent's brother, Seymour Cohn, was named executor.1 In 1983, Mrs. Lawrence retained the law firm of Graubard Miller, on an hourly basis, to represent...

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