Kramer v. Valentine Textile Corp. , 246 A.D. 506 ( 1935 )

Counsel having consented in open court that the plaintiff would not seek a further examination before trial upon the institution of another action, the order denying plaintiff’s motion for leave to discontinue the action upon payment of taxable costs is unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.