Opinion
October 28, 1985
Appeal from the Supreme Court, Westchester County (Dickinson, J.).
Order reversed, on the law, with costs, motion for summary judgment granted, plaintiff is awarded the principal sum of $32,443.97, and matter remitted to the Supreme Court, Westchester County, for a hearing on the question of the amount of counsel fees to which plaintiff is entitled, and entry of an appropriate judgment.
No issues of fact regarding arrears of maintenance and child support, or plaintiff's entitlement to counsel fees, were presented so as to preclude Special Term from granting plaintiff's motion for summary judgment. However, a hearing must be held to determine the amount of the counsel fees. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.