Citation Numbers： 117 N.Y.S. 99
Judges： Seabury
Filed Date： 5/27/1909
Status： Precedential
Modified Date： 11/12/2024
The judgment rendered in this action must be reversed, because, before the case was finally submitted, the plaintiff asked leave to discontinue the action, and this request was denied by the court, and an exception duly taken by counsel for the plaintiff. Municipal Court Act (Laws 1902, p. 1561, c. 580) § 248.
Judgment reversed, with costs to the appellant, and the complaint dismissed, with costs to defendant in the court below, without prejudice to a new trial. All concur.