R. C. Schindler, Inc. v. Kahn

Lewis, David C., J.

A prior action between the same parties for the same cause resulted in the dismissal of the complaint without prejudice. Thereupon the defendant taxed costs and entered judgment. That judgment remains undisturbed and the costs remain unpaid. Thereafter the plaintiff instituted this second identical action. The defendant in this action now moves for a stay until the costs of the former action are paid. In opposition to the application the plaintiff quotes: “Where the order dismissing the first action states that it is ‘ without prejudice ’ to the plaintiff pursuing any other…