• Surrogate's Court, New York County
  • 0175/82
  • Nov 21 2013 (Date Decided)
  • Surrogate Anderson
RICHARD S. LAWRENCE AND PETER A. VLACHOSE, AS EXECUTORS OF THE ESTATE OF ALICE LAWRENCE, plf v. GRAUBARD MILLER, C. DANIEL CHILL, ELAINE M. REICH, AND STEVEN MALLIS, def (0175/82) — Presently before the court is a motion by the executors of the estate of Alice Lawrence ("movants") seeking discharge of a bond that movants posted to obtain a stay under CPLR 5519(a)(2)1 pending their appeal from an amended decree dated October 14, 2011 (the "October 2011 decree"). The October 2011 decree awarded the firm of Graubard Miller some $15.8 million for its legal services to movants' decedent in connection with a decades-long litigation involving the estate of Sylvan Lawrence. The magnitude of the award was attributable in part to a contingency element allowed by the court. By the terms of the appeal bond in question, the surety undertook that, "if the[October 2011] decree so appealed from, or any part of it, is affirmed, or the appeal is dismissed, the [executors] shall pay the sum directed to be paid by the decree or the part of it as to which said decree is affirmed."

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