Siola v. Niagara Junction Railway Co. , 173 N.Y.S.2d 844 ( 1958 )

Order reversed as matter of discretion, without costs of this appeal to either party, and motion granted, without costs. Memorandum: In our opinion the Special Term improvidently exercised its discretion in denying the motion. All concur. (Appeal from an order of Niagara Special Term, denying plaintiff’s motion for an order vacating a dismissal of the action and its restoration to the day calendar for trial.) Present—Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.