Jaspan Schlesinger Wins Appellate Judgment Returning Case to Lower Court
Date: March 19th, 2012
Location:Garden City, New York
Jaspan Schlesinger LLP today won a significant judgment from the Appellate Division, Second Department, returning a case to the New York State Supreme Court for a detailed explanation of its original determination.
The appellant sought to overturn the lower court’s decision substantially reducing the professional fees he charged for accounting services in the settlement of a client’s estate. Pending the Supreme Court’s explanation, the appeal is being held in abeyance.
"Although the Supreme Court has broad discretion in determining the reasonable amount to award to professionals for work performed in a guardianship proceeding, it must provide a clear and concise explanation for its award… Here, the Supreme Court failed to explain its reasoning for disregarding the rate utilized by the appellant…,” the court wrote.
"It is extremely unusual for a higher court to take issue with the decision of a lower court regarding the setting of fees. We are gratified by the Appellate Division’s decision,” said Stephen B. Hand, the Trusts & Estates partner who is handling the case. Mr. Hand was assisted by Lori A. Sullivan, who argued the appeal.