SIMON v. AVIS RENT-A-CAR, INC.


127 A.D.2d 583 (1987)

Alyce R. Simon, Respondent, v. Avis Rent-a-Car, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 2, 1987


Ordered that the order is modified, as a matter of discretion, by adding a provision conditioning the vacatur of the automatic dismissal upon the personal payment of $500 by the plaintiff's attorney to the defendant, and providing that in the event the condition is not complied with, then vacatur of the automatic dismissal is denied. As so modified, the order is affirmed insofar as appealed from, without costs or disbursements. The time to comply with the foregoing condition...

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