Reilly v. United States Fidelity & Guaranty Co.

—Mercure, J.

Appeal from an order of the Supreme Court (Dier, J.), entered March 8,1990 in Washington County, which granted plaintiff’s motion for counsel fees.

Plaintiff commenced this action to recover, inter alia, first-party benefits payable as the result of an April 1977 motor vehicle accident in Delaware. The factual background is fully set forth in this court’s earlier decision affirming Supreme Court’s denial of defendant’s motion for summary judgment (139 AD2d 796). Thereafter, plaintiff accepted defendant’s offer of $565,244.81 in full settlement of all issues except defendant’s…