Tirnauer v. Fire Ass'n of Philadelphia

Order affirmed, with ten dollars costs and disbursements, upon the ground that in this case there are special circumstances which made it proper for the Special Term to exercise its discretion in conditionally denying the motion.^* Jenks, P. J., Burr, Carr, Stapleton and Putnam JJ., concurred.

* See Code Civ. Proc. § 822.— [Rep.