The foregoing disposition is conditioned upon the consent of the defendant to a trial of the issues during the January Term or at a later date if the plaintiff so requests. The date for trial will be fixed in the order to be entered herein. A note of issue may be filed on short notice if that has not been done. Should the defendant fail to consent as herein required, the order appealed from is affirmed, with costs. The question of a proper additional allowance for counsel...
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