Order affirmed, on condition that plaintiff's attorney, personally pay $250 to defendant within 20 days after entry of the order to be made hereon. Other than the said $250, no costs or disbursements are awarded.
Special Term incorrectly held that defendant showed acquiescence in plaintiff's delay, by filing a jury demand subsequent to the latter's filing of a note of issue. Rather than acquiescence, it appears that defendant was only protecting himself against the...
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