Lass v. Volk Housewrecking Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of .(he City Court oif the ci-ty of Hew York, denying a motion to ist-ay the plaintiff from proceeding with the trial of 'this action, upon the ground of the non-payment of a judgment for cost's of a previous action instituted by him.
1Per curiam
The respondent’s attorney, in his affidavit opposing the motion for a stay, admite that he commenced an ■action against the defendant on July 7, 1910, under the common law, to recover damages for personal injuries; that such action was discontinued, and that, on July 26, 1910, he began another action for the plaintiff herein against the defendant under the Employers’ Liability Act for damages for personal injuries, both actions arising out of the siame transaction.
The respondent urges that, as the causes of action are not identical, the order appealed from should be affirmed.
It has been held…
2Cases cited2 opinions
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Whiteside v. Noyac Cottage Ass'nNew York Supreme Court · 1893