Order, insofar as appealed from, reversed, with $10 costs and disbursements, and plaintiff's motion denied, with $10 costs.
Plaintiff's motion, made in January, 1959, was apparently adjourned from time to time until 1961, when it was decided. At the time when the motion was made the said defendants' answer consisted of denials of certain allegations of the complaint and two affirmative defenses. Prior to the hearing and determination of the motion, however, said defendants...
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