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MATTER OF KORN

File No. 4153/01/A. Appeal No. 13062. Case No. 2020-01791.

191 A.D.3d 473 (2021)

138 N.Y.S.3d 306

2021 NY Slip Op 00800

In the Matter of Robert B. Korn for Recovery of Fees for Legal Services Previously Rendered by Baker Hostetler on Behalf of the Estate of Edith Korn, Deceased. In the Matter of Robert B. Korn, Appellant, v. Edward D. Korn, Respondent.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale ( Robert M. Harper of counsel), for appellant.

Bryan Cave Leighton Paisner LLP, New York ( David P. Kasakove , of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

The Surrogate correctly dismissed the petition pursuant to CPLR 3211(a)(1) (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 A.D.3d 431, 432 [1st Dept 2014]). The documentary evidence utterly refutes petitioner's claims that his attorneys' services benefitted the general estate and not himself (see...

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