McGRATH v. NEAR


4 A.D.2d 816 (1957)

Alice McGrath, Appellant, v. Jessie E. Near, Respondent

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

July 24, 1957


During the course of a voir dire examination of jurors counsel for the plaintiff became enbroiled in a controversy with the Trial Justice as to how far the examination might proceed. After some argument counsel for the plaintiff asked leave to discontinue the action upon the payment of costs. The Trial Justice granted the motion on the merits to which counsel for the plaintiff objected, contending that the discontinuance should be without prejudice. There is no question...

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