It was error for the court below to have granted plaintiff's motion for an award of legal fees and expenses against defendant. The Court of Appeals has stated clearly that even in the context of vexatious litigation, "the prevailing party may not collect [attorney's fees and disbursements] from the loser unless an award is authorized by agreement between the parties or by statute or court rule". (Matter of A. G. Ship Maintenance Corp. v Lezak,
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