| Matter of Koeppel |
| 2021 NY Slip Op 07516 [200 AD3d 615] |
| December 28, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter Robert A. Koeppel, Deceased. Richenthal, Abrams
and Moss et al., Appellants, v William W. Koeppel, Respondent. |
Law Offices of Craig Avedisian, P.C., New York (Craig Avedisian of counsel), and Jaspan Schlesinger LLP, Garden City (Jessica M. Baquet of counsel), for appellants.
Decree, Surrogate's Court, New York County (Rita Mella, S.), entered on or about October 14, 2020, which to the extent appealed from as limited by the briefs, denied petitioner firms a charging lien against their client's (respondent) contingent future remainder interest in his father's testamentary trust, unanimously reversed, on the law, without costs, and petitioner firms are granted a charging lien against respondent's contingent future remainder interest in his father's testamentary trust.
Respondent's contingent future remainder interest in his father's testamentary trust is subject to a charging lien (Judiciary Law § 475; CPLR 5201 [b], [c] [2]; EPTL 6-5.1, 7-1.5; see also Haser v Haser, 271 AD2d 253, 255 [1st Dept 2000]). Respondent does not oppose the granting of the charging lien sought by petitioner firms. Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.