Order modified by adding a provision thereto further conditioning the granting of defendants' motion upon the additional payment by defendants' counsel to plaintiff of the sum of $500 as a penalty. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements payable to the plaintiff; in the event such condition is not complied with then order reversed, with $50 costs and disbursements, and defendants' motion denied.
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