Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that branch of the defendant's motion which was for an award of attorney's fees to the extent of directing the plaintiff to pay the defendant's attorney's fees in the sum of $3,500, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff and...
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