Board of Managers of Dickerson Pond Condominium I v. Jagwani

In an action to recover an attorney’s fee, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered October 1, 1999, as granted the plaintiffs’ motion for summary judgment for an attorney’s fee in the sum of $28,500.

Ordered that the order is modified by (1) deleting the provisions thereof (a) granting that branch of the motion which was for summary judgment on the plaintiffs’ cause of action to recover an attorney’s fee incurred in the defense of the counterclaims asserted by the defendant in the prior foreclosure action between the…