Aronoff, a businessman, who dealt with several high powered law firms in various lawsuits, is presumed to be aware of the prevailing rates of the law firms he engaged. Botein, Hays, Etc. v. Polymetrics International, Inc., 81 Misc.2d 398, 366 N.Y.S.2d 251 (Civ.Ct. 1975). Throughout, Aronoff accepted Kramer Levin's charges without question as the fair and reasonable value of its services.

Gair v. Peck, 6 N Y2d 97, 188 N.Y.S.2d 491, 498, 160 N.E.2d 43, 50 (1st Dept. 1959) (citations omitted). Courts may grant a client relief if it appears that the compensation is "so excessive, in view of the services rendered, as to indicate that an improper or undue advantage had been taken of the client . . .". Botein, Hays, Sklar Herzberg v. Polymetrics Int. Inc., 81 Misc.2d 398, 366 N YS.2d 251, 253-54 (Civ.Ct.N.Y.County 1975). See also Williamson v. John D. Quinn Corp., supra, 537 F. Supp. at 617 ("An agreement will not be enforced where the compensation sought is `excessive or out of proportion to the true value of the attorney's services'.") Mrs. Richard would like this court to rule that, as a matter of law, the fee charged by Rosenman was as a matter of law unconscionable, given the amount involved in the underlying action.

Gair v. Peck, 6 N.Y.2d 97, 106, 188 N.Y.S.2d 491, 497, 160 N.E.2d 43 (1959).First National Bank of East Islip v. Brower, 42 N.Y.2d 471, 474, 398 N.Y.S.2d 875, 876, 368 N.E.2d 1240 (1977); Rodkinson v. Haecker, 248 N.Y. 480, 489, 162 N.E. 493, 496 (1928); Botein, Haas, Sklar Hertzberg v. Polymetrics Int'l Inc., 81 Misc.2d 398, 366 N.Y.S.2d 251 (1975).Ward v. Orsini, 243 N.Y. 123, 127, 152 N.E. 696, 698 (1926); Reisch Klar v. Sadofsky, 78 A.D.2d 517, 431 N.Y.S.2d 591, 592 (1980).

Because the measure of recovery in a plenary action and a § 475 proceeding are the same, however, “once the value of attorney's services is determined in a proceeding to fix his lien, it will be conclusive upon the parties in any other subsequent proceeding or action.” Roulstone v. Oesterreicher, 188 Misc. 741, 66 N.Y.S.2d 244, 244 (Sup.Ct.1946); accord, Botein, Hays, Sklar & Herzberg v. Polymetrics Int'l, Inc., 81 Misc.2d 398, 366 N.Y.S.2d 251, 255 (Civ.Ct.1975). The Appellate Division of the New York Supreme Court addressed a situation virtually identical to this case in Butler, Fitzgerald & Potter v. Gelmin, 235 A.D.2d 218, 651 N.Y.S.2d 525 (1997).

Because the measure of recovery in a plenary action and a § 475 proceeding are the same, however, "once the value of attorney's services is determined in a proceeding to fix his lien, it will be conclusive upon the parties in any other subsequent proceeding or action." Roulstone v. Oesterreicher, 66 N.Y.S.2d 244, 244 (Sup. Ct. 1946); accord, Botein, Hays, Sklar & Herzberg v. Polymetrics Int'l, Inc., 366 N.Y.S.2d 251, 255 (Civ. Ct. 1975). The Appellate Division of the New York Supreme Court addressed a situation virtually identical to this case in Butler, Fitzgerald & Potter v. Gelmin, 651 N.Y.S.2d 525 (App.

The remedies are not exclusive but cumulative ( Citizens Bank v Oglesby, 270 App Div 136, 140). An attorney need not elect one remedy to the exclusion of the others and does not waive her right to commence an immediate plenary action for a judgment against her client by commencing a proceeding to fix the amount of her charging lien ( Botein, Hays, Sklar Herzberg v Polymetrics Intl., 81 Misc 2d 398; Zimmerman v Kallimopoulou, 56 Misc 2d 828). The relief plaintiff seeks in this action, therefore, is not the same obtained in the lien proceedings in the Federal court.