Lopes v. Lopes

Order unanimously modified so as to grant plaintiff counsel fee in the sum of $500, payable $250 within 10 days after service of a copy of the order, with notice of entry, and $250 upon assignment of the case to Trial Term Part for trial, without prejudice to any additional allowance the trial court may deem proper in the event the plaintiff succeeds upon the trial. No opinion. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Valente and Bergan, JJ.