In re the Estate of Reichberg — 283 A.D.2d 650

Majority

p. 650

In the Matter of the Estate of David Reichberg, Deceased. Mary Bereska, Formerly Known as Mary Reichberg, et al., Respondents; Brian Reichberg et al., Appellants.

[725 NYS2d 853]

—In a proceeding to settle the account of the co-executors of the estate of David Reichberg, the objectants appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated August 7, 2000, which granted the co-executors’ motion pursuant to CPLR 3126 to the extent of awarding the co-executors an attorney’s fee in the amount of $4,750 due to the objectants’ failure to proceed with pretrial disclosure.

Ordered that the order is affirmed, with costs.

The award to the co-executors of an attorney’s fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v New York Tel. Co., 235 AD2d 529 ; Barbiere v Motamed, 209 AD2d 368 ).

The appellants’ remaining contention is without merit. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

Cases cited

Smith v. New York Telephone Co. 235 AD2d 529 N.Y. App. Div. 1997-01-27 p. 650