Opinion
September 13, 1962
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Goldman, Halpern and Henry, JJ.
Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and motion to discontinue denied, without costs. Memorandum: The granting of the motion to discontinue without prejudice was an improvident exercise of discretion. ( Schultz v. Kobus, 15 A.D.2d 382; Broniszewski v. Newman, 16 A.D.2d 876.)