Appellate Division of the Supreme Court of New York, 1959

Village of Hilton v. Cummings & Holmes, Inc.

Village of Hilton v. Cummings & Holmes, Inc.
Appellate Division of the Supreme Court of New York · Decided May 18, 1959
8 A.D.2d 772; 185 N.Y.S.2d 896; 1959 N.Y. App. Div. LEXIS 8553
Village of Hilton v. Cummings & Holmes, Inc.

Opinion of the Court

Order reversed, without costs of these appeals to any party and motion denied, without costs, on the ground that the Special Term order was an improvident exercise of discretion. All concur. (Appeals by plaintiffs and by defendant surety company in Action No. 2 from order of Monroe Special Term dismissing the complaint as to defendant Robinson Clay Product Co.) Present —■ Kimball, J. P., Williams, Bastow, Goldman and Halpera, JJ.

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