Wetzel v. Barhite
Appellate Terms of the Supreme Court of New York
Appeal from an order of Municipal Court of the city of New York, borough of Manhattan, fifth district, staying proceedings in an action until the payment of costs awarded in a prior action between the same parties in the Supreme Court, Kings county.
1Opinion of the CourtGuy, J.
The complaint in the Supreme Court action shows that it was an action to recover for broker’s *497commissions. Defendant’s attorney’s moving affidavit, made after the service of the summons, alleges that this action is for the same cause, viz.: to recover for the identical broker’s commissions. Plaintiff’s answering affidavit does not deny this. A summons without a complaint is required to be endorsed with “ a statement of the nature and substance of the plaintiff’s cause of action.” Mun. Ct. Code, §§ 19, 78. We must assume that the moving affidavit is based upon the required endorsement upon the…
2Cases cited5 opinions
- Lewis v. DavisNew York Court of Common Pleas · 1878
- Singer v. GarlickAppellate Division of the Supreme Court of the State of New York · 1908
- Flewelling v. BrandonNew York Court of Common Pleas · 1872
- Goldman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Conlon v. National Fireproofing Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Gary v. Chambers Bros. Furriers, Inc.Appellate Terms of the Supreme Court of New York · 1918