Solomon v. Rothenberg

The action originally came on for trial November 9, 1932. Towards the end of the trial the plaintiff moved to discontinue the action. The motion was granted. The court, however, imposed costs which were to be paid no later than *278December 5, 1932. To date plaintiff has failed to pay the costs. The defendant seeks to have the complaint dismissed.

It is plaintiff’s contention that the present motion is without basis, since an order of discontinuance brings the action to an end, and thus there is no complaint which can be dismissed. The authorities, however, hold otherwise. (Young v. Bush, 36 How.…