Ordered that the order is affirmed, with costs.
It is undisputed that the plaintiff's sole purpose in making its motion, in effect, for leave to substitute Russell Oliveri, as executor of the estate of Peter Pirinea for the deceased party defendant Peter Pirinea, was to pursue the recovery of an attorney's fee.
"In general, only a prevailing party is entitled to recover an attorney's fee" and "[t]o be considered a prevailing party, a party must be successful...
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