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MATTER OF KASS

8570.

170 A.D.3d 408 (2019)

93 N.Y.S.3d 567

2019 NY Slip Op 01514

In the Matter of the Accounting by William A. Kass, Esq. Barbara K. Miller et al., Appellants; Jonathan Mendelson, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 5, 2019.

The Surrogate providently exercised her discretion in determining that the value of the apartment, which was specifically bequeathed to respondent, should not be included in the computation of petitioners' commissions (see Matter of Brooks, 119 Misc. 738, 740 [Sur Ct, NY County 1922], affd 212 App Div 868 [1st Dept 1925]; see also SCPA 2307 [2] [a]). The services that petitioner Miller testified she rendered, such as visiting weekly to collect mail, arranging...

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