¶1Order affirmed, with ten dollars costs and disbursements. Memorandum: The Special Term was vested with discretion to deny *878plaintiff’s application for leave to discontinue his action on payment of costs. (See Carleton v. Darcy, 75 N. Y. 375; Matter of Lasak, 131 id. 624.) All concur. (The order denies plaintiff’s motion to discontinue the action upon payment of taxable costs to date.) Present — Cunningham, Taylor, Dowling and Harris, JJ. [171 Misc. 1001.]
261 A.D. 877
Stanford v. Linen
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1941
Appellate Division of the Supreme Court of the State of New York · decided 1941-01-08
Relies on Carleton v. . Darcy · Stanford v. Cayuga Linen & Cotton Mills, Inc.
Decided 1941-01-08