Ordered that the judgment is modified, on the law, the facts, and as a matter of discretion, (1) by deleting from the third decretal paragraph thereof the words "the sum of $29,500" and substituting therefor the words "the sum of $37,000", and (2) by deleting the twelfth decretal paragraph thereof and substituting therefor a provision denying the defendant's application for counsel fees; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from...
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