Rosenberg v. 3130 Grand Concourse, Inc.

Order, entered April 30, 1964, denying plaintiffs’ motion to restore the ease to the Trial Calendar, unanimously affirmed, without costs or disbursements to either party, without prejudice, however, to plaintiffs’ entering an order discontinuing the action upon payment of taxable costs. The record shows that when the application by plaintiffs’ attorney for an adjournment of the trial was denied, the attorney moved to discontinue the case, without costs. Counsel for defendant consented to a discontinuance, with costs. The Trial Judge ultimately concluded to allow a discontinuance upon payment…