Arnold v. Clark
New York Court of Common Pleas
Appeal from an order of this court, denying a motion for a stay of proceedings until the costs of a previous action between the same parties should be paid by the plaintiff. The facts are stated in the opinion.
1Opinion of the CourtLarremore, J.
This is an appeal from an order denying a motion made by the defendant to stay the proceedings on the part of the plaintiff, until the payment of the costs of a former action between the same parties.
To sustain this appeal it must appear from the record that the actions are identical, and that the relief sought in each is similar (Barton v. Speis, 73 N. Y. 133, and cases there cited).
The plaintiff sued the defendant in 1874 in the superior court of the city of New York, and alleged in his complaint therein that he hired from the defendant certain premises, relying upon the truth of…
2Cases cited6 opinions
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Barton v. . SpeisNew York Court of Appeals · 1878
- Burwell v. KnightNew York Supreme Court · 1868
- Thompson v. WoodNew York Court of Common Pleas · 1856
- Foster v. MillinerNew York Supreme Court · 1868
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