Order of the Appellate Term reversed; and order of the District Court modified by striking therefrom the award of costs to plaintiff, and said order affirmed as so modified. The determination herein is made on the law and the facts and without costs.
The case may be restored to the Day Calendar of the District Court for a day certain on five days' notice, subject to the approval of the Justice presiding. The Appellate Term's reversal was based upon the determination...
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