At the time plaintiff's motion for alimony and counsel fees was made at Special Term, June 2, 1961, the matrimonial action was pending and proof submitted by plaintiff was before the court which, if accepted, would warrant a substantial allowance. No stipulation or order of discontinuance of the action was entered, but simultaneously on June 28, 1961, both attorneys wrote the Judge at Special Term stating the parties had adjusted their differences and requesting that he fix...
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