Order modified by adding thereto a provision that the vacatur of the order dismissing the complaint and the conditional denial of defendant's motion to dismiss the complaint are conditioned upon plaintiffs' attorney, personally, paying $250 costs to defendant. As so modified, order affirmed insofar as appealed from, without costs. Said costs of $250 shall be paid within 20 days after entry of the order hereon.
In our opinion, the decision at Special Term did not constitute...
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