Under the circumstances here shown, counsel fee should not have been allowed. (Beadleston v. Beadleston, 103 N. Y. 402, 404; McCarthy v. McCarthy, 137 N. Y. 500; Fishman v. Fishman, 275 App. Div. 777.) Present — Nolan, P. J., Carswell, Sneed, Wenzel and MacCrate, JJ.
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