Susquehanna Steamship Co. v. A. O. Andersen & Co.

Kelly, P. J.:

The questions involved in this appeal and the motion to dismiss have been discussed in the opinion filed upon the affirmance of the, *787judgment. (See Susquehanna Steamship Co., Inc., v. Andersen & Co., Inc., Action No. 4, Appeal No. 1, ante, p. 26.) It appears that prior to the trial of the action in the case at bar, the action in New York county had been discontinued, and the learned trial justice so decided. The only matter pending was the adjustment of the costs, allowances and damages which plaintiff was directed to pay under the orders made in New York county in the First…