MATTER OF COUNTRY-WIDE INSURANCE COMPANY, 43 N.Y.2d 685 (1977)

401 N.Y.S.2d 26, 371 N.E.2d 789

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.Argued October 6, 1977
Decided November 15, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.

Bernard Samuels and Eric M. Alderman for appellant.

Maurice Chayt for respondent.

Page 686

MEMORANDUM.

Order affirmed, with costs. Attorneys’ fees allowable under the regulations (11 N.Y.CRR 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).

There is nothing in the record to warrant disturbing the award (cf. Matter of Torano [MVAIC], 15 N.Y.2d 882, affg 19 A.D.2d 356).

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

Order affirmed.