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Friedland Realty Co. v. Park

126 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1910-12-30 English

Delivered by RICH, J.

Contents

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p. 1129
FRIEDLAND REALTY CO. v. PARK et al.
(Supreme Court, Appellate Division, Second Department.
December 30, 1910.)

Headnote

Appeal from Special Term, Queens County. Action by the Friedland Realty Company against William T. Park and others. From an order granting plaintiff leave to discontinue on payment of an additional allowance, plaintiff appeals. Reversed.
Abr. A. Silberberg, for appellant. Frank A. Leete, for respondents.

The plaintiff appeals from that portion of an order which gives it leave to discontinue this action upon condition that it pay to the defendants $140 as an additional allowance. We are unable to find anything in the papers presented to the learned court at Special Term which would justify the granting of an extra allowance, and the order, in so far as appealed from, must be reversed, with $10 costs and disbursements. All concur.