Philadelphia Lawn Mower & Manufacturing Co. v. Precision Castings Co.

Order reversed on the law and facts, with ten dollars costs and disbursements, and motion denied, without costs, on the authority of Matter of Butler (101 N. Y. 307); Piedmont Hotel Co. v. Nettleton Co. (241 App. Div. 562); Schlegel v. Roman Catholic Church of The Most Holy Trinity (124 id. 502); Metcalfe v. Klaw (130 id. 502). All concur. (The order modifies an order of discontinuance by providing that if plaintiff commences another action he must pay $100 costs in addition to other conditions.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.