Ordered that on the Court's own motion, Alan Weinreb is substituted for the defendant Stephanie Weinreb, as executor of the estate of Donald Weinreb, nunc pro tunc as of October 24, 2004, and the caption is amended accordingly; and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were for summary judgment dismissing the plaintiff's claims for the recovery of an attorney's fee...
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