Lundin v. Mittelman

In an action to recover on promissory notes, an order was made on September 18, 1952, at Special Term, granting plaintiff’s motion to discontinue the action. The motion was granted on condition that plaintiff pay to defendants the taxable costs and disbursements of the action and on the further condition that plaintiff permanently refrain from instituting any action or proceeding against defendants upon the same or similar cause of action. By notice of appeal dated October 9, 1952, plaintiff appealed from so much of said order as restrained him from instituting other action. By order dated…