Unanimously reversed, on the facts and in the exercise of discretion, without costs and without disbursements, and the motion granted on condition that the defendant pay $250 to the plaintiff within 20 days of service of a copy of the order entered hereon, with notice of entry. Upon payment of that amount, the proposed amended answer of the defendant annexed to the motion papers will be deemed served upon the plaintiff. If the above condition is not satisfied, the order is...
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