Norman v. Smith — 8 A.D.2d 582

Majority

p. 582

Edward D. Norman, Respondent, v. Roy W. Smith et al., Partners Doing Business as The Moss Company, Appellants.

Order reversed, without costs of this appeal to any party, and motion denied, without costs, on the ground that it was an improvident exercise of discretion under the circumstances shown by the record. All concur. (Appeal from an order of Monroe Special Term granting a motion of plaintiff restoring the case to the March 1958 Term and substituting attorneys for plaintiff.) Present — McCurn, P. J., Kimball, Bastow, Goldman and Halpern, JJ.