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DE BARTOLO v. DE BARTOLO

46 A.D.3d 739 (2007)

849 N.Y.S.2d 282

LOUIS DE BARTOLO, Appellant, v. NANCY B. YAGHMOUR DE BARTOLO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, the order dated December 8, 2005 is vacated, and the matter is remitted to the Supreme Court, Queens County, for a new determination on the issue of an award of an attorney's fee.

The motion to vacate the order awarding an attorney's fee to the wife, entered on the husband's default, was brought in an action...

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