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FRESH MEADOWS v. LIBERTY MUT

49 N.Y.2d 93 (1979)

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

Court of Appeals of the State of New York.

Decided November 21, 1979.

Attorney(s) appearing for the Case

Mardon R. Israel for appellant.

A. Paul Goldblum for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES; Judge MEYER dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

JONES, J.

In determining the entitlement of a claimant to his attorney's reasonable fee incident to the resolution of his claim for first-party benefits in arbitration under section 675 of the Insurance Law, the arbitrator may take into account services rendered by the attorney in substantiating the claim for that fee.

Janina Tokarz was injured in an automobile accident that occurred on December 21, 1974...

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