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In re Stork

207 A.D.2d 740 Court N.Y. App. Div. Decision date 1994-09-29 English

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p. 740
In the Matter of Denise Stork, Respondent-Appellant. Cameron K. Wehringer, Appellant-Respondent.
[616 NYS2d 958]

—Order, Surrogate’s Court, New York County (Eve Preminger, S.) entered on or about April 6, 1994, which, inter alia, awarded petitioner $7,500 plus interest, unanimously modified, on the facts, to reduce the amount of petitioner-appellant’s net recovery to $6,500, and otherwise affirmed, without costs. Appeal from an order, same court and. Surrogate, entered on or about March 17, 1994, which, inter alia, treated a motion to strike a misstatement as a motion for reargument and denied reargument, dismissed as one taken from a nonappealable order, without costs.

We modify to correct an arithmetic error in the long-form order to avoid an "unwarranted windfall” to counsel (see, Matter of Lewin v New York City Conciliation & Appeals Bd., 88 AD2d 516 , affd 57 NY2d 760 ). The record supports the Surrogate’s determination that the services for which counsel was paid $7,500 were within the scope of services for which this Court ordered payment in quantum meruit in Matter of Kleefeld ( 168 AD2d 242 ), while the services in the Regine Kleefeld estate for which counsel was paid an additional amount of approximately $20,000 were not. Concur—Murphy, P. J., Rosenberger, Wallach, Ross and Rubin, JJ.

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