Order modified by striking out the provision insofar as it permits the discontinuance "without costs," and by directing that the discontinuance of the action without prejudice shall be upon the condition that plaintiffs shall pay to defendant his taxable costs in the action, plus $50 for his legal expenses. As so modified, the order is affirmed, without costs.
Under all the circumstances, we believe defendant was entitled to his taxable costs plus $50 to cover his...
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