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MATTER OF COUNTRY-WIDE INS. CO.

43 N.Y.2d 685 (1977)

In the Matter of the Arbitration between Country-Wide Insurance Company, Appellant, and Roberto Barrios, Respondent.

Court of Appeals of the State of New York.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Bernard Samuels and Eric M. Alderman for appellant.

Maurice Chayt for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

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).

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