Ordered that the order is modified by deleting therefrom that portion which granted that branch of the plaintiff's motion which was for summary judgment directing the defendant Continental Insurance Company to pay the plaintiff's attorney's fees incurred in the prosecution of this action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
On January 27, 1984 the defendant...
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