Opinion
June 3, 1952.
Present — Peck, P.J., Dore, Cohn and Callahan, JJ.;
Order modified so as to allow discontinuance upon payment of a full bill of costs to date of discontinuance and, as so modified, affirmed, without costs on this appeal. No opinion.
Peck, P.J., dissents in part and votes to allow discontinuance only on condition that plaintiff stipulates not to institute a further action. Settle order on notice.