Defendants correctly contend that since the language of the parties' agreement did not clearly provide for the recovery of attorneys' fees, the court erred in awarding such fees to plaintiffs ( Hooper Assocs. v. AGS Computers, 74 N.Y.2d 487; cf., Breed, Abbott Morgan v. Hulko, 74 N.Y.2d 686, affg 139 A.D.2d 71). We further note that since issue had been joined and the parties clearly indicated that they were deliberately charting a summary judgment course, the IAS Court did not err in treating plaintiffs' motion to dismiss pursuant to CPLR 3211(b) as one for summary judgment pursuant to CPLR 3212 ( Mihlovan v. Grozavu, 72 N.Y.2d 506).
We have considered defendants' remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Rubin, Ross, Asch and Tom, JJ.