Ordered that the order and judgment is modified, on the law, by (1) deleting the award of attorneys' fees and substituting therefor a provision denying that branch of the defendant's motion which was for the imposition of costs and sanctions pursuant to 22 NYCRR part 130, and (2) reducing the statutory costs awarded to $100; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the appellant.
The appellant contends that his refusal...
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