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Henry Williams v. Harry C. McIntyre
On the facts disclosed by the record, appellant was entitled to a dismissal of respondent’s complaint without conditions, and it was an improvident exercise of discretion to deny appellant such relief. (Cf. Maraynes v. Orseck Boys, Inc., 274 App. Div. 1070; Ferber v. Newgold, 133 App. Div. 739; Tuttle v. Dubuque Fire & Marine Ins. Co., 155 App. Div. 802.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.