SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
February 3, 1969
VICTOR MILANA, APPELLANT,
HOTEL TAFT, RESPONDENT
Christ, Acting P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.
Order of the Supreme Court, Kings County, dated June 21, 1968, reversed, on the law and the facts and in the exercise of discretion, without costs, and plaintiff's motion to restore the case to the Trial Calendar granted, upon condition that within 10 days after entry of the order hereon plaintiff's attorneys pay defendant $250; otherwise, order affirmed, with $50 costs and disbursements. (See Barrada v. Target Constr. Corp., 31 A.D.2d 810
, decided herewith.)
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