Order affirmed, insofar as appealed from, without costs or disbursements, upon condition that plaintiff's attorney personally pay $750 to appellant within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry; in the event that condition is not complied with, order reversed, insofar as appealed from, as a matter of discretion, with costs, motion granted unconditionally, and action dismissed as against appellant.
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