
    Herzfeld & Rubin, P.C., Respondent, v Kshel Realty Corp., Appellant.
    [938 NYS2d 800]
   Supreme Court, having determined that plaintiff overbilled for its legal services, properly awarded an appropriate fee based on the services rendered. Such award is not a matter of quantum meruit but is based on the parties’ retainer agreement. Concur — Tom J.E, Friedman, Sweeny, Moskowitz and DeGrasse, JJ.  