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Duell v. Springer

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1956
1 A.D.2d 867 (N.Y. App. Div. 1956)

Opinion

February 21, 1956


Appeal from an order of the Special Term of the Supreme Court, Warren County, permitting the defendant to discontinue a counterclaim interposed by him in the plaintiff's separation action. The defendant had interposed a counterclaim for annulment on the ground of fraud but, when it appeared that this would delay the speedy trial of the separation action, the defendant sought permission to discontinue the counterclaim without prejudice and the permission was granted. The order appealed from was a discretionary one and we find no abuse in the exercise of the Special Term's discretion. Order affirmed, with $10 costs. Bergan, J.P., Coon, Halpern and Zeller, JJ., concur.


Summaries of

Duell v. Springer

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1956
1 A.D.2d 867 (N.Y. App. Div. 1956)
Case details for

Duell v. Springer

Case Details

Full title:LEE DUELL, as Guardian ad Litem of JANET D. SPRINGER, an Infant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 21, 1956

Citations

1 A.D.2d 867 (N.Y. App. Div. 1956)