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MILKS v. WALKER

17 A.D.2d 756 (1962)

Arnold Milks et al., Respondents, v. David Walker et al., Appellants. (Action No. 1.) Arnold Milks et al., Respondents, v. Town of Boston, Appellant. (Action No. 2.)

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

September 13, 1962

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

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