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In re the Arbitration between Country-Wide Insurance & Barrios

43 N.Y.2d 685 Court N.Y. Decision date 1977-11-15 English

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p. 685
In the Matter of the Arbitration between Country-Wide Insurance Company, Appellant, and Roberto Barrios, Respondent.
Argued October 6, 1977;
decided November 15, 1977
APPEARANCES OF COUNSEL
Bernard Samuels and Eric M. Alderman for appellant.
Maurice Chayt for respondent.
p. 686
OPINION OF THE COURT

Memorandum.

Order affirmed, with costs. Attorneys’ fees allowable under the regulations (11 NYCRR 65.6 [g] [1]) of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18) are "based upon the reasonable value of the legal work performed in obtaining the recovery” and not the amount in controversy. It is the arbitrator who is empowered to evaluate legal services (Insurance Law, § 675).

There is nothing in the record to warrant disturbing the award (cf. Matter of Torano [MVAIC], 15 NY2d 882 , affg 19 AD2d 356 ).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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