Wilner v. Independent Order Ahawas Israel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Independent Order Ahawas Israel, from an order of the Supreme Court made at the Hew York Special Term, and entered in the office of the clerk of the county of Hew York on the 10th day of June, 1907," denying the defendant’s motion for a stay of proceedings.
1Opinion of the Court
McLaughlin, J.:
The plaintiff brought an action in the Municipal Court- of the city of Mew York against the defendant to recover the sum of $500. Issue was joined but when the action came on for trial plaintiff did not appear and the complaint was dismissed on defendant’s motion, with thirty-two dollars and forty-one cents costs. Mo motion was made, so far as appears, to open the cjefault, nor were the costs paid. Subsequently this action was brought to recover upon the same cause of action. Thereupon defendant moved to stay the prosecution of this action until the costs of the prior action…
2Cases cited6 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Perkins v. HinmanNew York Supreme Court · 1821
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Cuyler v. VanderwerkNew York Supreme Court · 1800
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Lincoln v. New York Cent. & H. R. RailroadNew York Supreme Court · 1910
- 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
- Schwartz v. Minsker Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
17 more not listed; retrieve them via the Exa API.