Ordered that the order is modified, as an exercise of discretion, by adding a provision that leave to discontinue the action is granted on condition that the plaintiff pay costs and disbursements of the action and pay $250 to the defendant, and granting the defendant leave to enter a judgment for those amounts; as so modified, the order is affirmed, without costs or disbursements.
Absent prejudice to a substantial right of the defendant or some other inequity, a motion...
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