Upon compliance by appellant with said condition, the action is remanded to the trial court for an early trial on a date convenient to the court. In the event of failure of appellant to comply with the said condition, the order and judgment are unanimously affirmed, with $60 costs and disbursements to respondent. The trial of the above action was advanced from June 6, 1975 to June 2, 1975 without appropriate notice to defense counsel of the application and without a hearing...
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