Unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs and disbursements, and the motion denied.
In awarding the counsel fee, Special Term incorrectly observed that "this is the first application by plaintiff, wife, for a counsel fee," whereas a prior $1,000 counsel fee was awarded. Further, where the wife is not indigent and is able to pay her own counsel, no award should be made (see Kann v Kann,
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