Order reversed, with $20 costs and disbursements to defendant against plaintiff, and motion remitted to Special Term for a hearing in accordance herewith, all upon condition that plaintiff, within 10 days after the service upon him or his attorneys of a copy of the order to be entered hereon, with notice of entry thereof, pay $100 costs to defendant.
We believe a hearing is required before plaintiff's motion can properly be decided. However, we note our displeasure...
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