Majority
p. 756Arnold Milks et al., Respondents, v. David Walker et al., Appellants. (Action No. 1.) Arnold Milks et al., Respondents, v. Town of Boston, Appellant. (Action No. 2.)
Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and motion to discontinue denied, without costs. Memorandum: The granting of the motion to discontinue without prejudice was an improvident exercise of discretion. (Schultz v. Kobus, 15 A D 2d 382 ; Broniszewski v. Newman, 16 A D 2d 876 .) (Appeal by all defendants from part of an order of Erie Special Term granting the motion of the plaintiffs for an order permitting the discontinuance of the above-entitled actions without prejudice.) Present—Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.
Cases cited
- Schultz v. Kobus 15 A D 2d 382 p. 756