MATTER OF TSO v. HORIUCHI

File No. 364382/11, 2012-10673.

125 A.D.3d 984 (2015)

1 N.Y.S.3d 863

In the Matter of WENDY TSO, Appellant, v. KENTARO HORIUCHI et al., Respondents.

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

Decided February 25, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the petitioner's contention, there is no reason to disturb the Surrogate's Court's denial of that branch of her application which was for an award of an attorney's fee. While a fiduciary may be liable for attorney's fees and other expenses incurred arising from objections where the fiduciary is surcharged for self-dealing or misconduct (see Matter of Marsh,

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