Ordered that the order dated September 24, 1999, is reversed insofar as appealed from, as a matter of discretion, without costs or disbursements, upon reargument, the order dated August 24, 1999, is vacated, the defendants' motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith on the condition that the plaintiff pay $500 to Wilson, Bave, Conboy, Cozza & Couzens, P...
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