Surrogate MellaESTATE OF ALBERT LEMER, Deceased (17/3402/B) — This proceeding seeking a declaratory judgment had been adjourned to July 11, 2018. Before that date, the petitioners, Alison Lemer, Peter Lemer and Andrea Lemer, filed a stipulation discontinuing this matter, without prejudice (see CPLR 3217[a] and section 207.24 of the of the Uniform Rules for the Surrogate’s Court).Proceed accordingly.Date: July 11, 2018
ESTATE OF ARNOLD LEVIEN, Deceased (83/3059/G) — In a decision and order dated January 12, 2018, this court held the Trustees of the Trust established under Article Seventh of the will of decedent Arnold Levien in contempt of an anti-suit injunction issued by this court on March 6, 2015.1 In addition to a $250 fine, that decision imposed on the Trustees all costs and expenses necessarily and reasonably incurred in this contempt proceeding, including attorneys fees and disbursements.Sworn statements as to attorneys’ fees and expenses have been submitted by petitioners’ counsel, with time records, which the court has reviewed under the Freeman/Potts criteria for assessing the reasonableness of fees (see Matter of Freeman, 34 NY2d 1 [1974]; Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], affd 213 App Div 59 [4th Dept 1925], affd 241 NY 593 [1925]).2 The Trustees’ opposition papers have also been considered. The court determines that the fees sought are excessive in terms of both the time spent and the rates billed for the work done and reduces the fee by more than half. The Trustees in their fiduciary capacity shall pay petitioners the amount of $85,677.20 as reasonable attorneys fees, necessarily incurred in this contempt proceeding. No disbursement or expenses are substantiated in the affirmation of New York counsel, and none is allowed.Petitioners were also represented by Texas counsel, whom this court admitted pro hac vice. That counsel has sought in this proceeding an allowance of $7,000 for time spent on appearances in Texas. Because that time was not spent in the current contempt proceeding, such allowance is denied. Of the remaining fees sought by pro hac vice Texas counsel, the court determines, after reviewing the affirmation of counsel and the time records provided under the Freeman/Potts standard, that $5,890 in attorney’s fees should be awarded to petitioners. The disbursements requested by this counsel in the amount of $1,023.13 are also allowable and shall be paid to petitioners by the Trustees.This decision constitutes the order of the court.Dated: July 13, 2018
