Seiler v. Klugman
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Bronx County. Action by Isaac Seiler against Julius Klugman. Erom a judgment denying a motion to stay all proceedings until payment of costs incurred in a prior action.
1Per curiam
Examination of the papers discloses that the prior action in the City Court was substantially for the same cause of action as the one at bar. The courts of this state have repeatedly held, under similar circumstances, that the costs of the first litigation should be paid before a second litigation upon substantially the same cause of action would be permitted. Sprague v. Bartholdi Hotel Co., 68 Hun, 555, 22 N. Y. Supp. 1090; Spaulding v. American Wood Board Co., 58 App. Div. 314, 68 N. Y. Supp. 945; Ingrosso v. Baltimore & Ohio R. R. Co., 105 App. Div. 495, 94 N. Y. Supp. 177; Muratore v.…
2Cases cited6 opinions
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905
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