Appellate Division of the Supreme Court of the State of New York

Frank v. Tuthill

241 A.D. 720

March 15, 1934

Queued for AI processing — next in lineest. ~137 min

Opinion

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.