Pure Oil Co. v. Carter

Judgment of the County Court of Nassau county reversed, with costs, and order of discontinuance appealed from modified so as to provide that plaintiff’s motion to discontinue be granted upon payment of taxable costs and disbursements to and including the trial in December, 1918, within ten days after service of the order; otherwise, that the motion for leave to discontinue be denied, with ten dollars costs, and as so modified the order is affirmed, without costs. The judgment of discontinuance, with ten dollars costs, was unauthorized. (Code Civ. Proc. §779; Hyde v. Anderson, 112 App. Div.…