Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the first cause of action alleging breach of contract and on the third cause of action for an award of an attorney's fee, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, with costs to the appellant, and the matter is...
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