Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding the respondent costs, including an attorney's fee; as so modified, the judgment is affirmed insofar as appealed from, with costs to the respondent.
The Supreme Court properly granted summary judgment to the respondent. After the respondent made out a prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as...
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