Appeal from order dated October 13, 1971 dismissed as academic in view of the determination herein on the appeal from the order dated November 29, 1971, without costs. Order dated November 29, 1971 reversed, without costs, in the exercise of discretion and in the interests of justice, plaintiffs' motion granted and defendant Francis D. Maloney's motion to dismiss the complaint denied, all on condition that plaintiffs' attorney personally pay said defendant $250 costs within...
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