Associated Sales Analysts, Inc. v. Weitz

The issue is whether two subsequent actions may as a matter of power, and should in the exercise of discretion, be stayed for nonpayment of a bill of costs imposed in a prior action brought by plaintiff’s assignor against defendant Weitz. He is the sole defendant in one of the subsequent actions and is only one of several defendants in the other. Plaintiff had succeeded in the prior action on the trial and in this court (19 A D 2d 174, affg. 39 Misc 2d 262); but the Court of Appeals reversed and dismissed the complaint (13 N Y 2d 267). Two questions are involved: first, whether CPLB has…