MATTER OF ARBITRATION BETWEEN FRESH MEADOWS MEDICAL ASSOCIATES, (LIBERTY MUT. INS CO.)


65 A.D.2d 431 (1978)

In the Matter of the Arbitration between Fresh Meadows Medical Associates, as Assignee of Janina Tokarz, Respondent, and Liberty Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1978


Attorney(s) appearing for the Case

A. Paul Goldblum for appellant.

Mardon R. Israel for respondent.

LATHAM, J. P., DAMIANI and TITONE, JJ., concur.


SUOZZI, J.

There are two issues to be decided in this case: (1) whether a claimant's attorney may collect from a no-fault carrier for the time spent in justifying the reasonableness of his fee; and (2) under what circumstances may a claimant's attorney recover attorney's fees which exceed the underlying claim.

The facts are not in material dispute. The arbitration proceeding which underlies the instant...

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