McDevitt v. Hyatt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred N. JHyatt, 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 13th day of July, 1918, denying defendant’s motion for a stay of proceedings.
1Opinion of the Court
Dowling, J.:
Plaintiff heretofore, in March, 1918, brought an action in the Municipal Court, Borough of Manhattan, Seventh District, to recover damages for injury to plaintiff’s person and to her property, due to defendant’s negligence. Thereafter the' action was discontinued, with costs, and judgment entered thereupon in said court for the amount of said costs, forty-eight dollars, no part of which has been paid. On June 13, 1918, plaintiff commenced an action in the Supreme Court, New York county, upon substantially the same cause of action, except that damages were sought solely for the…
2Cases cited1 opinion
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
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