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ESTATE OF JOAN GARRIGAN, Deceased

ESTATE OF JOAN GARRIGAN, Deceased (2010-529/F) — In this ongoing family dispute, Decedent's four children, who share equally in this estate, continue their endless litigation in this Court. Currently before the Court is a motion to fix counsel fees.

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ESTATE OF JOAN GARRIGAN, Deceased (2010-529/F) — In this ongoing family dispute, Decedent’s four children, who share equally in this estate, continue their endless litigation in this Court. Currently before the Court is a motion to fix counsel fees.

The Petitioner, Lainie Fastman, Esq., submitted an application in accordance with SCPA 2110 to have her fees fixed. She had previously represented Susan McMahon, the Preliminary Executrix, who has since resigned as such. Joann Chelsen and Kathleen Garrigan oppose her application, and in doing so have used what Petitioner claims are “prejudicial and irrelevant” statements that have no bearing on the 2110 application. The Petitioner has therefore submitted a motion to strike the Objectants’ answer. Oral arguments were heard by the Court, at the conclusion of which decision was reserved. The Petitioner’s papers request the Objectants’ answer be denied in its entirety because of two particular statements contained therein. During oral argument, however, Petitioner requested only that those prejudicial statements be stricken from the answer. This Court will not deny the papers in their entirety, but will decide whether or not the statements were appropriate within the purview of CPLR 3024 b and applicable case law. The statements in question are found in paragraph 11 and paragraph 26 of the Objectant’s answer to the Petitioner’s 2110 application and relate to Ms. Fastman’s behavior.

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