Textor v. Maines 3 A.D.2d 986

Frank Textor, Respondent, v. Irene J. Maines et al., Appellants. Walter Maines, Sr., et al., Plaintiffs, v. Frank Textor, Defendant.

Order reversed on the facts and in the exercise of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: It is our opinion that the discretion of the Special Term was improperly exercised. All concur. (Appeal from an order of Erie Special Term denying a motion by defendants in Action No. 1 for a joint trial.) Present — McCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.