Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The court erred in holding that the plaintiff could not maintain this plenary action for recoupment of an attorneys' fee pursuant to paragraph 14 of the subject guarantee. The claim for a postjudgment attorneys' fee in a prior related action was not brought to a final conclusion, and the claim in this case did not arise out of the same transaction or...
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