Ordered that leave to appeal is granted from that portion of the order which set down the plaintiff's claim for attorneys' fees and expenses for a hearing; and it is further,
Ordered that the order is reversed, on the law, and the plaintiff's motion is denied, with costs; and it is further,
Ordered that the moving and answering papers are deemed the complaint and answer, respectively.
To obtain summary judgment in lieu of complaint (see, CPLR...
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