Majority
p. 772Village of Hilton, Plaintiff, v. Cummings and Holmes, Inc., et al., Defendants. (Action No. 1.) Cummings and Holmes, Inc., Appellant, v. Robinson Clay Product Co., Respondent, et al., Defendants, and American Surety Company of New York, Impleaded Appellant. (Action No. 2.)
Order reversed, without costs of these appeals to any party and motion denied, without costs, on the ground that the Special Term order was an improvident exercise of discretion. All concur. (Appeals by plaintiffs and by defendant surety company in Action No. 2 from order of Monroe Special Term dismissing the complaint as to defendant Robinson Clay Product Co.) Present —■ Kimball, J. P., Williams, Bastow, Goldman and Halpera, JJ.