Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment in lieu of complaint is granted, the motion and answering papers are deemed to be the complaint and the answer, respectively, and the matter is remitted to the Supreme Court, Richmond County, for a hearing as to whether the plaintiff is entitled to an award of attorney's fees and, if so, the amount of that award, and thereafter for the entry of an appropriate judgment....
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