Legal Opinion

In re the Arbitration between Simmons & Government Employees Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1977PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

O’Connor, J.

ISSUE

The question raised by this appeal is whether an arbitra*470tor’s award of $2,149 in counsel fees is completely irrational when the attorney’s energies were expended in successfully recovering a total claim of $105 on behalf of his client pursuant to the provisions of the Comprehensive Automobile Insurance Reparations Act (the no-fault law). We hold that despite the disparity between the counsel fee awarded and the underlying claim the arbitrator’s award was a proper one. It was error to vacate the award and it should be reinstated.

FACTS

On September 27, 1974…

2Cases cited8 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  3. Lentine v. FundaroNew York Court of Appeals · 1972
  4. Jordan v. FreemanAppellate Division of the Supreme Court of the State of New York · 1972
  5. Colon v. Automatic Retailers Ass'n Service, Inc.Civil Court of the City of New York · 1972

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. F.H. Krear & Co. v. Nineteen Named TrusteesCourt of Appeals for the Second Circuit · 1987
  2. Diamond D Enterprises USA, Inc. v. SteinsvaagCourt of Appeals for the Second Circuit · 1992
  3. Leland v. Travelers Indem. Co. of IllinoisColorado Court of Appeals · 1985
  4. Krumme v. Westpoint Stevens Inc.District Court, S.D. New York · 1999
  5. Hempstead General Hospital v. Allstate InsuranceNew York Supreme Court · 1983

13 more not listed; retrieve them via the Exa API.

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