Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment, in effect, dismissing so much of the complaint as sought an award of an attorney's fee, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
After their home was damaged by a fire, the plaintiffs commenced
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