155 Misc. 586

Consolidated Construction Corporation, Appellant, v. Board of Education of the City of New York, Respondent.

Supreme Court, Appellate Term, First Department,

May 10, 1935.

*587 Teck & Teck, for the appellant.

Paul Windels, Corporation Counsel, for the respondent.

Per Curiam.

It was error to deny plaintiff’s application for leave to discontinue the action made before plaintiff completed its proofs. (2 Carmody New York Prac. 1464; Civ. Prac. Act, § 457; Dailey v. Northern N. Y. Utilities, 129 Misc. 183, at p. 186.)

Judgment and orders reversed, with thirty dollars costs, and motion for discontinuance granted upon payment of costs within ten days, the costs awarded by this court to be set off against the costs upon discontinuance.

All concur; present, Hammer, Callahan and Shientag. JJ.

Consolidated Construction Corp. v. Board of Education
155 Misc. 586

Case Details

Name
Consolidated Construction Corp. v. Board of Education
Decision Date
May 10, 1935
Citations

155 Misc. 586

Jurisdiction
New York

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