Pankawicus v. Nichols Copper Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, Nichols Copper Company, from an order of the County. Court of Queens. county, entered in the office of the clerk of said county on the 24th day of July, 1915, as resettled, by an order entered in said clerk’s office on the 27th day of July, 1915, denying its motion to vacate and set aside a former order permitting plaintiff to sue as a poor person.
1Opinion of the Court
Jenks, P. J.:
This order for leave to prosecute as a poor person is fatally defective because it does not assign to that person an attorney and counsel to prosecute the action without compensation, in accord with the provisions of section 460 of the Code of Civil Procedure. (Rutkowsky v. Cohen, 74 App. Div. 415; Sumkow v. Sheinker, 84 id. 463; Daus v. Nussberger, 25 id. 185.)
The fact that in his previous action for the same cause the plaintiff was dismissed, with costs against him, which costs are unpaid, is not a bar to a prosecution of his proposed action (Code Civ. Proc. § 461), but such…
2Cases cited2 opinions
- Rutkowsky v. CohenAppellate Division of the Supreme Court of the State of New York · 1902
- Young v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Hotel Martha Washington Management Co. v. SwinickAppellate Terms of the Supreme Court of New York · 1971
- Schechter v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1928
- People ex rel. King v. McNeillNew York Supreme Court · 1961