Ordered that the judgment is reversed on the law, on the facts, and in the exercise of discretion, with costs, the plaintiff's motion for summary judgment on the issue of liability is denied, the order dated July 26, 2005, is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of liability in accordance herewith, and to determine the amount of reasonable attorney's fees to be awarded to the plaintiff, if warranted...
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