Lerman v. Muller , 210 A.D. 860 ( 1924 )

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. While we are loath to interfere with the discretion of the court at Special Term in matters of this character, we feel that this ease presents a situation in which the motion should have been granted. (Regan v. Milliken Bros., 123 App. Div. 72; Holtzoff v. Dodge & Olcott Co., 134 id. 353.) Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.