Whitehead & Hoag Co. v. Ange S. Arbig, Inc.

Counsel for defendant has submitted an order to restore the above-entitled cause to the day calendar and seeks to *568have the court impose taxable costs to date as against the plaintiff on the authority of Rawson v. Silo (105 App. Div. 278). The facts in the case cited bear no analogy to those involved in the instant case. In Rawson v. Silo the court had ruled that the complaint was insufficient and permitted the withdrawal of a juror so that the plaintiff for his own benefit might make such application to amend his pleading as he might be advised. In the instant case the plaintiff had rested…