The question of a counsel fee arose out of a motion made by plaintiff with respect to the interpretation of the visitation provisions set forth in the judgment of divorce entered December 12, 1975. Special Term awarded a counsel fee in the motion as "an act of grace, since only on the most technical reasoning can she even be considered as having prevailed on her application." In awarding a counsel fee the merits of the action are among the factors to be considered (Wood...
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