Opinion
September 11, 1989
Appeal from the Supreme Court, Dutchess County (Rosenblatt, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
The limited issue before this court upon remittitur is whether the award by the Supreme Court constituted an improvident exercise of discretion (4 N.Y. Jur 2d, Appellate Review, § 369; Matter of Hallgarten, 130 A.D.2d 749). Under the facts and circumstances of this case, and in view of the quantity and quality of Murtaugh's services prior to the commencement of the action, we conclude that the Supreme Court did not improvidently exercise its discretion in fixing Murtaugh's fee at 20% of the recovery, or $108,000. Kunzeman, J.P., Rubin, Harwood and Balletta, JJ., concur.