Majority
p. 859Giovanni Ianiello, Respondent, v. Francesco Miceli and Others, Appellants, Impleaded with Others, Defendants.
Order modified by striking out the provision for ten dollars costs to plaintiff, and, as so modified, affirmed, without costs. In our opinion, it was improper for the court below to grant plaintiff costs on this motion for discontinuance. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.