Ordered that the judgment is affirmed insofar as appealed from, with costs, for reasons stated by Justice Kitson of the Supreme Court in his memorandum decision and order dated January 17, 1989.
There is no merit to the defendant's appellate contention that this matter should be remitted for an evidentiary hearing on the issue of counsel fees and disbursements. The parties agreed that the issue was to be decided on the submission of papers, the defendant never requested...
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