In the event the condition is not complied with, then order reversed, on the law, with costs and disbursements, and defendants-appellants' motion to dismiss is granted. Plaintiff's time to serve the complaint is extended until 10 days after payment is made. Special Term denied defendants-appellants' motion to dismiss, viewing the matter as one in which the parties were charting their own course and placing great emphasis on the fact that plaintiff had theretofore extended...
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