Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof awarding an attorney's fee in the sum of $5,000; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, to afford the parties an opportunity to submit evidence on the issue of the amount to be awarded for an attorney's fee, and for a new determination on that issue thereafter.<...
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