Graczyk v. White

Order modified, in the exercise of discretion, to provide that the granting of defendants’ motion be conditioned upon defendants paying to plaintiff $500 in view of the costs and inconvenience incident to the delay and that plaintiff be allowed a continuance for additional preparation (CPLR 3025 [b]), and, as modified, affirmed, without costs. All concur, except Callahan, J., who dissents and votes to reverse and deny the motion in the following memorandum.