Ordered that the order is affirmed, without costs or disbursements, on the condition that the plaintiff's attorney personally pay the sum of $250 to the defendant within 30 days after service upon him of a copy of this decision and order with notice of entry; in the event this condition is not timely complied with, then the order is reversed, as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed insofar as it is asserted against the...
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