Ordered that the order is reversed, on the law and as an exercise of discretion, without costs or disbursements, the motion is granted, the order dated November 6, 2002, and the judgment entered December 12, 2002, are vacated, and the matter is remitted to the Supreme Court, Kings County, for a new determination on the motion of Kenneth B. Hawco, among other things, for leave to enter judgment against the plaintiff in the sum of $37,384.20 for an unpaid attorney's fee.
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