After he did some legal work for Ivette De La Cruz, attorney Neil Hirschfeld was supposedly directed by the New York County Surrogate's Court to make his request for compensation in that forum. Inexplicably, the lawyer went to the New York County Civil Court and asked that court to hear his fee claims.
When the Civil Court found in Hirschfeld's favor, De La Cruz appealed.
Since the Surrogate's Court has the power to assess and award attorneys' fees, and was in the "best position" to do so in this instance, the Appellate Term, First Department, reversed because it wanted to discourage "forum shopping." (The AT1 indicated that the attorney was free to reapply for his fees in that other court.)
Was there's no surrogate for that?
To view a copy of the Appellate Term's decision, please use this link: Hirschfeld v. De La Cruz