D'AMICO v. D'AMICO

Ordered that the order is modified by deleting the provision thereof which granted the former wife's application for counsel fees, and substituting therefor a provision denying that application; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The stipulation of settlement in this case provided for counsel fees to be paid to the party who prevailed in the attempt to enforce that party's rights under the stipulation. Here, however, each party prevailed on some issues and lost on others. Under these circumstances, neither party is entitled to an award of counsel fees ( see, Bock v. Bock, 121 A.D.2d 672).

Sullivan, J.P., Pizzuto, Altman and Friedmann, JJ., concur.