Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is denied, and the cross motion is granted; and it is further,
Ordered that the matter is remitted to the Supreme Court, Dutchess County, for further proceedings in accordance herewith.
The Supreme Court improvidently exercised its discretion in granting the respondent's motion to deem the plaintiff's application for an award of a statutory attorney's fee...
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