Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment on their counterclaim for an award of an attorney's fee pursuant to Labor Law § 740 (6), and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff was employed by the...
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