Cohen, Matter of
| Decision Date | 12 May 1986 |
| Citation | 120 A.D.2d 585,501 N.Y.S.2d 1015 |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of Jacob COHEN, a/k/a Jacob C. Cohen, deceased. Ada Turkish TRASK, Appellant, v. EISENBERG & WEISS, Respondent. |
Spizz & Cooper, Mineola (Harvey W. Spizz, of counsel), for appellant. Eisenberg & Weiss, New York City (Daniel Eisenberg, of counsel), respondent pro se.
In a proceeding to settle a coexecutor's account, the coexecutrix Ada Turkish Trask appeals from an order of the Surrogate's Court, Kings County (Bloom, S.), entered May 9, 1985, which confirmed a referee's report fixing interim counsel fees in the amount of $320,000, and directed the executors to pay the respondent the sum of $250,000, representing $320,000 less $70,000 heretofore paid.
Order modified, on the facts, by reducing the amount awarded for interim counsel fees to $250,000, and the amount which the executors are directed to pay the respondent to $180,000. As so modified, order affirmed, without costs or disbursements. The sum awarded was excessive to the extent indicated.
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