Order reversed, with $50 costs and disbursements, and motion granted, on condition that appellant pay plaintiff a full bill of costs up to date, including the $50 costs and disbursements herein granted to plaintiff. Appellant's amended answer shall be served within 20 days after entry of the order to be made hereon.
Although the motion was made on the eve of trial, Special Term erred in denying the motion, since plaintiff's exclusive remedy would be under the provisions...
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