Miehle Printing Press & Manufacturing Co. v. Amtorg Trading Corp.

278 A.D. 682, 103 N.Y.S.2d 493, 1951 N.Y. App. Div. LEXIS 4333

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 13, 1951
• Status: Published

Opinion

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.