Opinion
January 20, 1969
Cross appeals from stated portions of a judgment of the Supreme Court, Queens County, dated January 12, 1968. Judgment affirmed insofar as appealed from, without costs. No opinion. Rabin, Acting P.J., Hopkins, Benjamin and Munder, JJ., concur; Martuscello, J., dissents and votes to modify the judgment by striking therefrom the provision which awards a counsel fee to defendant's attorney, with the following memorandum: The award of a counsel fee to defendant's attorney was improper. There is nothing in the record to indicate that defendant requested such an allowance; nor is there otherwise a legal basis therefor.