Majority
p. 1007In the Matter of the Application of Herman Finkelstein, Suing, etc., for an Order of Prohibition against The Special Term of the Supreme Court, New York County, Honorable William T. Collins, and Any Other Justices Presiding at Special Term, New York County, and Others.
Motion denied. The responsibility for a just settlement is in the first instance on the justice at Special Term. We must assume, as did the judge in the United States District Court, who denied petitioner’s application for an injunction, that the justice at Special Term will not “ do something which in equity and good conscience ought not to be done.” Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.