Kriegsman v. Rosenfeld

Concur — Eager, J. P., Markewieh *694and McNally, JJ.; Capozzoli and MeGivern, JJ., dissent in the following memorandum by MeGivern, J.: We are unable to say that it was an improvident exercise of discretion on the part of Special Term to refuse dismissal, under all the circumstances. Every situation of this character is different, and some latitude should be accorded the Justice at 'Special Term. As was said in Sortino v. Fisher (20 A D 2d 25, 33): “there is no intention and there is no occasion to lay down rigid rules or particularize the circumstances controlling the determination of motions…