Delahunty v. Canfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Delahunty, in both of the above-entitled actions, 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 19th day of May, 1905, denying-the plaintiff’s motion to vacate an order bearing date the 8th day of May, 1905, staying proceedings upon the part of the plaintiff in. action No. 1 until the determination of aii appeal from an order denying the defendant’s…
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Appeal by the plaintiff, John Delahunty, in both of the above-entitled actions, 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 19th day of May, 1905, denying-the plaintiff’s motion to vacate an order bearing date the 8th day of May, 1905, staying proceedings upon the part of the plaintiff in. action No. 1 until the determination of aii appeal from an order denying the defendant’s motion to consolidate the above-entitled actions.,
1Per curiam
The defendant moved to consolidate these actions — the venue of which was the county of New York. The motion was denied and he appealed to this court. Pending the appeal, without notice to the plaintiff or his attorney, the defendant applied to and obtained from the Canastota Special Term an order staying all proceedings in action No. 1 until the hearing and determination of the appeal.The plaintiff thereupon moved, upon notice at the New York Special Term, to vacate this order. The motion was denied and the plaintiff has appealed.
The motion to vacate should have been granted. The order which…
2Cited by1 opinion
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