Order of the Onondaga County Court modified so as to provide for a dismissal of the action unless within ten days after service of a copy of the order herein plaintiff moves, pursuant to section 110 of the Civil Practice Act, for the removal of the action to the Supreme Court, and as modified affirmed, and order of the Onondaga Special Term reversed on the law and facts, with $10 costs and disbursements to the plaintiff-appellant, and motion granted, with $10 costs.
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