Order modified by adding a fifth decretal paragraph to the effect that the granting of the motions is without prejudice to the commencement by plaintiff, if he be so advised, of a new action solely as against the defendant David Gilberg for recovery of the $100 fee received by said defendant. As so modified, order affirmed, without costs.
It appears that plaintiff might have a cause of action against defendant Gilberg based on the latter's failure to appear in court...
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