Ordered that the order is modified, on the law, by (1), upon searching the record, deleting the provision thereof denying the plaintiff's cross motion for summary judgment on the complaint and substituting therefor a provision granting the cross motion, and (2) adding thereto provisions searching the record and awarding the plaintiff summary judgment dismissing the defendant's counterclaim for an award of an attorney's fee and costs; as so modified, the order is affirmed...
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