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Broniszewski v. Newman

16 A.D.2d 876 Court N.Y. App. Div. Decision date 1962-05-17 English

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p. 876
Virginia Broniszewski et al., Respondents, v. Harold Newman, Appellant.

Order unanimously reversed, without costs, of this appeal to either

p. 877
party and application denied, without costs. Memorandum: The granting of the motion to discontinue without prejudice was an improvident exercise of discretion. (See Schultz v. Kobus, 15 A D 2d 382 .) (Appeal from order of Erie Special Term discontinuing the action on payment by plaintiff of taxable costs.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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