LODEWICK v. MAVCO INC.


282 A.D. 681 (1953)

Madeleine Lodewick et al., Appellants, v. Mavco Inc. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 23, 1953.


Order affirmed, with $20 costs and disbursements to the respondents. (See Katz v. Austin, 271 App. Div. 217.)

Cohn and Callahan, JJ., dissent and vote to modify in the following memorandum:

We dissent and vote to modify by allowing plaintiffs to discontinue on payment of full bill of costs. There is no counterclaim interposed here and plaintiffs may discontinue at any time as matter of law upon imposition of appropriate terms. There was no power in...

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