X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Phillips Lytle LLP, Buffalo (Amanda L. Lowe of Counsel), for Petitioners-Appellants-Respondents. Lawrence J. Koncelik, Jr., East Hampton, for Respondents-Respondents-Appellants. Appeal and cross appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 4, 2019. The order, inter alia, allocated attorneys’ fees and costs among the various trusts. It is hereby ORDERED that said appeal is unanimously dismissed and the order is affirmed without costs. Memorandum: Petitioners appeal and respondents cross-appeal from an order of Supreme Court that, inter alia, clarified a prior order awarding attorneys’ fees to petitioners’ counsel and allocated its award of attorneys’ fees and costs among the three subject trusts. Petitioners’ appeal must be dismissed. Only an aggrieved party may appeal from an order (see generally CPLR 5511), and we conclude that it is petitioners’ attorneys rather than petitioners themselves who are aggrieved by the court’s award of attorneys’ fees (see Matter of Gottschen, 256 AD2d 519, 519 [2d Dept 1998]; Matter of Lenk, 218 AD2d 802, 802 [2d Dept 1995]; Matter of Sold, 215 AD2d 566, 566 [2d Dept 1995]). There is no support in the record for petitioners’ contention that they will be responsible to pay any portion of the attorneys’ fees charged by their attorneys that is not awarded by the court. With respect to respondents’ cross appeal, we conclude that respondents have raised no contention warranting either the elimination of or a reduction in the award of attorneys’ fees and costs. We reject respondents’ contention that petitioners’ attorneys purposefully interfered with settlement efforts in a manner that would warrant forfeiture of their fee (cf. Dagny Mgt. Corp. v. Oppenheim & Meltzer, 199 AD2d 711, 711-714 [3d Dept 1993]). We further conclude that our decision in a prior appeal, Matter of HSBC Bank USA, N.A. (Campbell) (150 AD3d 1661, 1663 [4th Dept 2017]), did not preclude the court from addressing attorneys’ fees incurred after May 2015. To the extent respondents contend that the court erred in allocating attorneys’ fees and costs in excess of $20,000 and $10,000, respectively, in each trust, we conclude that this issue was previously resolved in petitioners’ favor (see HSBC Bank USA, N.A., 150 AD3d at 1662). Finally, contrary to respondents’ contention, the award of attorneys’ fees is not excessive (see generally Matter of Potts, 213 App Div 59, 62 [4th Dept 1925], affd 241 NY 593 [1925]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Company DescriptionCruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP is a national law firm, seeking an associate for its Bergen Co...


Apply Now ›

11TH Judicial Circuit of Florida is accepting applications for a General Magistrate. Under the direction of the Administrative General Magis...


Apply Now ›

DURKIN & DURKIN, LLC a well-established firm is actively seeking an associate with experience in defense litigation. Very competitive sa...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›