Order affirmed, with ten dollars costs and disbursements. Memorandum: The Special Term was vested with discretion to deny *878plaintiff’s application for leave to discontinue his action on payment of costs. (See Carleton v. Darcy, 75 N. Y. 375; Matter of Lasak, 131 id. 624.) All concur. (The order denies plaintiff’s motion to discontinue the action upon payment of taxable costs to date.) Present — Cunningham, Taylor, Dowling and Harris, JJ. [171 Misc. 1001.]