Ordered that the appeal and cross appeal from the order are dismissed; and it is further,
Ordered that the judgment is modified, on the law, by deleting the provision thereof which, in effect, denied that branch of the motion of the defendant Maurice J. Cunniffe which was for summary judgment on his cross claim against the defendant Dunemere Associates Real Estate for an award of an attorney's fee, and substituting therefor a provision granting that branch of his...
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