Order modified, on the law and the facts, by (1) deleting therefrom the third, fifth, sixth and seventh decretal paragraphs and (2) by adding thereto a provision that defendant pay plaintiff, as a counsel fee, the sum of $1,029 for her defense of the motion. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
The four stricken paragraphs constitute unwarranted and gratuitous action by Special Term in granting "relief" which defendant...
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