Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendants' motion for an award of attorney's fees pursuant to Real Property Law § 234 because the matter has not terminated in their favor (see Real Property Law § 234). In an order dated July 6, 2009, the Supreme Court, inter alia, granted those branches of the defendants' separate cross motions which were for summary judgment dismissing...
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