Order unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, and judgment is directed to be entered dismissing the complaint.
This determination is without prejudice to an application by plaintiff-respondent for appropriate relief on proper papers, including an affidavit of merits by the plaintiff, and upon payment of the costs on this appeal and the costs incident...
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