Opinion
May 1, 1967
Order of the Supreme Court, Nassau County, dated January 31, 1967, modified by reducing the amount allowed as a counsel fee from $400 to $150. As so modified, order affirmed, without costs. In our opinion, in view of the fact that plaintiff had already paid her attorneys $250 in counsel fees, and the record fails to disclose that this amount, or any portion of it, was to be returned to her out of the court's award, an award of $150 is adequate, since this reduction does not disturb the provisions that the award is without prejudice to an application to the trial court for a further counsel fee. Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.