DUELL v. SPRINGER


1 A.D.2d 867 (1956)

Lee Duell, as Guardian ad Litem of Janet D. Springer, an Infant, Appellant, v. Herbert J. Springer, Respondent

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

February 21, 1956


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...

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