Legal Opinion
Robbins v. Rogers
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1936PublishedCited by 3 opinions
1Per curiam
The rule is well established that non-payment of costs in an action entitles a defendant in whose favor they are awarded to stay all proceedings in a subsequent action brought by the same plaintiff upon the same cause of action. (Wilner v. Independent Order Ahawas Israel, 122 App. Div. 615; Simms v. Carter & Weekes Stevedoring Co., 169 id. 582; Singer v. Garlick, 123 id. 282.)
The record discloses no special facts which take the present case out of the above-mentioned rule. The alleged inability of the guardian to pay the costs does not constitute an excuse for refusing to stay the present…
2Cases cited3 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- McDevitt v. HyattAppellate Division of the Supreme Court of the State of New York · 1918
- Thater v. MargreyAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by3 opinions
- Weidenfeld v. Pacific Improvement Co.Court of Appeals for the Second Circuit · 1939
- World Athletic Sports Corp. v. PahlaviDistrict Court, S.D. New York · 1966
- Prudential Oil Corp. v. Phillips Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1981