Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, the order dated February 8, 2008, is vacated, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for trial on condition that the plaintiff's trial counsel pay to the defendant the sum of $4,000; in the event that the plaintiff's trial counsel does not pay the sum of $4,000 to the defendant on or before 30 days...
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