Order reversed, without costs or disbursements, plaintiff's motion for summary judgment denied and defendant's motion for leave to amend his bill of particulars granted, on condition that defendant's attorney pay the sum of $250 to plaintiff within 20 days after service upon him of a copy of the order to be made hereon, together with notice of entry thereof; in the event that such condition is not complied with, then order affirmed with $50 costs and disbursements.
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