Majority
p. 877Joseph M. Stanford, as Assignee, Appellant, v. Cayuga Linen and Cotton Mills, Inc., Respondent.
Order affirmed, with ten dollars costs and disbursements. Memorandum: The Special Term was vested with discretion to deny
p. 878
plaintiff’s application for leave to discontinue his action on payment of costs. (See Carleton v. Darcy, 75 N. Y. 375 ; Matter of Lasak, 131 id. 624.) All concur. (The order denies plaintiff’s motion to discontinue the action upon payment of taxable costs to date.) Present — Cunningham, Taylor, Dowling and Harris, JJ. [ 171 Misc. 1001 .]
Cases cited
- Carleton v. Darcy 75 N. Y. 375 p. 878
- Stanford v. Cayuga Linen & Cotton Mills, Inc. 171 Misc. 1001 p. 878