Unanimously reversed, on the law and the facts and in the exercise of discretion, the motion denied and the complaint reinstated, without costs and without disbursements, unless defendant within 20 days after service upon it of a copy of this order with notice of entry, serves and files in the office of the clerk of the Supreme Court, New York County, a written stipulation dismissing the counterclaim with prejudice and consenting to the entry of judgment thereon. If the defendant...
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