Frank v. Tuthill

241 A.D. 720 | N.Y. App. Div. | 1934

Order reversed, with twenty dollars costs and disbursements, and motion denied, with ten dollars costs. The order of arrest in a personal injury case rests in the sound discretion of the court. The record on this application does not justify the exercise of such discretion in favor of the plaintiff. (See Gelles v. Rosenbaum, 141 Misc. 588; Levy v. Bernhard, 2 App. Div. 336; Reiss v. Levy, 165 id. 1.) Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.