Unanimously modified, on the law, on the facts and in the exercise of discretion, and the cross motion granted to the extent of ordering a hearing on the issue of jurisdiction, and the award of counsel fee is vacated without prejudice to an application therefor at trial (if a trial is to be held) or at such other time as may be appropriate (in the event no trial is to be held), and otherwise affirmed, without costs and disbursements.
It cannot be said that as a matter...
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