Opinion
March 21, 1967
Order, entered September 8, 1966, confirming the report of the Referee herein and directing defendant to pay plaintiff's attorneys a counsel fee in the sum of $3,500, unanimously modified on the law, on the facts and in the exercise of discretion, to the extent of reducing the counsel fee awarded to $2,000, and otherwise affirmed, without costs or disbursements to either party. The counsel fee awarded by the court below is excessive and not warranted by the record.
Concur — Stevens, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.