Ordered that the order is reversed, on the law, with costs, and that branch of the motion which was for an award of an attorney's fee is denied.
On June 22, 1999, the parties entered into a stipulation of settlement of their matrimonial litigation. The stipulation of settlement was incorporated, but not merged, into the judgment of divorce entered July 21, 1999. As the unmerged stipulation of settlement survived as a separate contract (see Sacks v. Sacks, ...
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