MATTER OF WALLACE


68 A.D.3d 679 (2009)

2009 NY Slip Op 9724

893 N.Y.S.2d 15

In the Matter of the Application to Fix the Legal Fees of Counsel for Proponent of the Will of HOWARD C. WALLACE, Deceased. In the Matter of the Application to Release Funds in the Estate of HOWARD C. WALLACE, Deceased. HEINRICH J. ZIEGLER, Appellant, v. McCALLION & ASSOCIATES LLP, Respondent, and BANK OF AMERICA, N.A., Successor by Merger to UNITED STATES TRUST COMPANY, N.A., Formerly Known as UNITED STATES TRUST COMPANY OF NEW YORK, Respondent.

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

Decided December 29, 2009.


The Surrogate's Court has broad discretion under SCPA 2110 to consider a wide range of factors in fixing attorneys' fees (Matter of Tendler, 12 A.D.3d 520, 521 [2004]; Matter of Gluck, 279 A.D.2d 575 [2001]; see Matter of Sall, 292 A.D.2d 195 [2002], lv denied 98 N.Y.2d 606 [2002]). Additionally, on appeal from an order fixing the value of...

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