Opinion
March 8, 1950.
Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.
Order reversed on the facts and as a matter of discretion, with $10 costs and disbursements, and motion denied, with $10 costs, with leave to the plaintiff, if so advised, to renew the motion upon affidavits omitting statements shown by the record to be false, within twenty days after service of a copy of the order herein, with notice of entry thereof, upon payment of the costs of the motion and of the appeal. All concur. (The order grants plaintiff's motion to restore the case to the Trial Term calendar.)