Judgment unanimously modified on the law and facts in accordance with memorandum and as modified affirmed, with costs to plaintiff-appellant.
Memorandum:
It was an improvident exercise of discretion to deny interest and costs. The record is devoid of any equitable reason for denying such relief (5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5001.06; National Bank of North Amer. v. Marine Midland Grace Trust Co. of N. Y.,
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