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CATES v. CATES

54 A.D.2d 858 (1976)

Eleanor F. Cates, Respondent, v. David C. Cates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 1976

Unanimously modified, on the law, to the extent of striking the allowance for counsel fees and otherwise affirmed, without costs and without disbursements.

This is nothing more than a contract action and is not one based upon any provision of the Domestic Relations Law. Accordingly, since there is no contractual provision for counsel fees, there was no basis for such an award. (See Riemer v Riemer,

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