Unanimously affirmed, with $60 costs and disbursements of this appeal payable to respondent by appellant.
The only issue on this appeal is the granting by Special Term of leave to replead. In the circumstances of this case, we do not believe that there is any need to interfere with Special Term's exercise of discretion. Inasmuch as there is no cross appeal by plaintiff on the dismissal, we do not pass upon the validity of...
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