In the Matter of the Accounting of Mary E. Fitzsimons, as Administratrix De Bonis Non of Ann Cassidy, Deceased…

Summary

The New York Court of Appeals held that the Appellate Division’s order dismissing the attorney’s lien petition was a final order in a special proceeding and therefore appealable, that the fee agreement was neither champertous nor unconscionable, and that the Surrogate’s Court had jurisdiction to continue the proceeding to determine the lien, reversing the lower court’s dismissal and remanding for further action.