DE LAURENTIS v. BERCOWITZ


27 A.D.2d 869 (1967)

Rudolph De Laurentis et al., Appellants, v. Allen R. Bercowitz et al., Respondents

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

March 6, 1967


REYNOLDS, J.

Upon the showing made in this case, appellants' motion for discontinuance should not have been denied in the absence of special circumstances more compelling than those here present (Schultz v. Kobus, 15 A.D.2d 382; see Piedmont Hotel Co. v. Nettleton Co., 241 App. Div. 562, 563-564; cf. Conklin v. Wilbur, 26 A.D.2d 666), and the motion should

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