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FRIEBERG v. CONSOL. EDISON CO. OF NEW YORK, INC.

24 A.D.2d 492 (1965)

Edna Frieberg et al., Appellants, v. Consolidated Edison Company of New York, Inc., Respondent

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

June 21, 1965

Order, insofar as appealed from, reversed, with $10 costs and disbursements, and defendant's motion to dismiss the complaint denied.

Upon all the facts and circumstances disclosed by the record, it was an improvident exercise of discretion to grant the motion to dismiss the complaint (Dooley v. Gray, 22 A.D.2d 791

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