Opinion
May 17, 1962
Appeal from the Erie Special Term.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed, without costs, of this appeal to either party and application denied, without costs. Memorandum: The granting of the motion to discontinue without prejudice was an improvident exercise of discretion. (See Schultz v. Kobus, 15 A.D.2d 382.)