Menifee, CA asked in Civil Litigation and Real Estate Law for New York

Q: For an appointed transactional attorney for property sale, how is application of fee submitted to court?

Property partition, Supreme Court Civil. Court appointed transactional attorney at hourly rate for conducting private sale of property (not foreclosed/not auctioned). Is the process by which such attorney submits his fee application done by Notice of Motion and Affirmation of Application submitted to the Court? This attorney submitted fee application first by Letter to the Court, with Affirmation of Application and Time Sheets, and then changed it to a Notice of Motion. Fee is grossly excessive.

1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.

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