Williams v. Artcraft Optical Co.

This is a motion by the plaintiff for permission to discontinue this action upon the payment of taxable costs and disbursements.

The plaintiff seeks to recover from the defendant royalties and damages under a licensing agreement. The action was commenced *318in October, 1940, and issue was joined by the service of the answer on November fourteenth of the same year. No counterclaim was interposed in the answer.

The venue was originally laid in New York county, but on the application of the defendant the place of trial was changed to Monroe county on December 13, 1940, on the ground that the…