Order reversed on the law and the facts, with $10 costs and disbursements, and motion denied, with $10 costs.
The complaint was dismissed on motion at Special Term for plaintiff's willful failure to appear for examination before trial. On appeal, the order dismissing the complaint was affirmed by this court (279 App. Div. 801). Pending such appeal, plaintiff moved, at another Special Term, on substantially the same facts as those which it had submitted in opposition...
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