Order, entered December 17, 1964, unanimously modified, on the law, the facts, and in the exercise of discretion, with $30 costs and disbursements to plaintiff to provide that the answer of the defendant to be stricken and judgment granted in favor of the plaintiff, unless defendant pays to the plaintiff the sum of $300 not later than 10 days from the date of the entry of the order to be entered herein, and appears for examination before trial to be held at Special Term,...
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