Decker v. Cady

The plaintiff has moved this court, at Special Term, for an order pursuant to CPLR 3211 (subd. [b]) striking defendant’s affirmative defense, wherein it is alleged that payment of costs, as a result of a judgment in a prior action between the same parties herein, is a prerequisite to a commencement of this action. Defendant’s cross motion seeks dismissal of the action, arguing that the prior action is still pending until the judgment for costs has been satisfied.

An earlier suit was originally brought by the plaintiff in Rensselaer County Court, but was dismissed for lack of jurisdiction.…