¶1Order affirmed, without costs of this appeal to either party. Memorandum: We find that in making the order appealed from the Special Term did not exceed the bounds of proper discretion. (Civ. Prac. Act, § 181; Rules *1036Civ. Prac. rule 156.) All concur. (The order denies on terms defendants’ motion to dismiss the complaint, in an automobile negligence action.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.
258 A.D. 1035
McAllister v. Phelps
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1940
Appellate Division of the Supreme Court of the State of New York · decided 1940-01-12
Decided 1940-01-12