Ordered that the order is modified, on the law, by deleting the provisions thereof granting that branch of the plaintiffs' cross motion which was for summary judgment on so much of the complaint as sought an award of disbursements and an attorney's fee, and setting the matter down for an inquest on disbursements and an attorney's fee, and substituting therefor a provision denying that branch of the plaintiffs' cross motion; as so modified, the order is affirmed insofar as...
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