Order unanimously reversed, without costs, of this appeal to either *877party and application denied, without costs. Memorandum: The granting of the motion to discontinue without prejudice was an improvident exercise of discretion. (See Schultz v. Kobus, 15 A D 2d 382.) (Appeal from order of Erie Special Term discontinuing the action on payment by plaintiff of taxable costs.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
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