Appellate Division of the Supreme Court of the State of New York January 7, 1963 (Kerner v. Kaleko)

In an action to recover for moneys had and received for plaintiff’s use and to recover damages for conversion, plaintiff appeals from an order of the Supreme Court, Nassau County, dated and entered May 17, 1962, which denied his motion, made pursuant to rule 301 of the Rules of Civil Practice, for leave to discontinue the action.