Conlon v. National Fireproofing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rational Fireproofing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of May, 1908, as amended by an order entered in said clerk’s office on the 25th day of June, 1908, denying the said defendant’s motion for a stay of proceedings.
1Opinion of the Court
Ingraham, J.:
The plaintiff brought two actions to recover for personal injuriés upon the same cause of action, in both of which issue was duly joined and the cases placed upon the calendar. Upon the making up of a new calendar plaintiff failed to file a new note- of issue in the first action commenced, whereupon the defendant Rational Fireproofing Company moved to dismiss the complaint therein. This motion was granted and an order entered dismissing the complaint in the first action and judgment was entered against the plaintiff for the costs. Subsequently the defendant Rational'Fireproofing…
2Cases cited2 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Singer v. GarlickAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Lincoln v. New York Cent. & H. R. RailroadNew York Supreme Court · 1910
- Wetzel v. BarhiteAppellate Terms of the Supreme Court of New York · 1916
- Prudential Oil Corp. v. Phillips Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1981