Simon v. Cohen , 107 N.Y.S.2d 481 ( 1951 )

In our opinion the denial of the motion was an improvident exercise of discretion. (Boyd v. United States Mtge. & Trust Co., 187 N. Y. 262, 266, 270; Yeager v. Co-operative Fire Underwriters Assn. of N. Y. State, No. 2, 243 App. Div. 743; McKenzie v. Lavine, 249 App. Div. 755; Civ. Prac. Act, § 105.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.