| N.Y. App. Div. | Mar 13, 1951
As the discontinuance annuls all that has taken place in the action, there is no occasion for the concern which appellant expresses as to its rights of appeal from the order of summary judgment. Neither in this respect nor in any other respect will . appellant be prejudiced by the discontinuance. Orders unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Heffernan, JJ.