Legal Opinion

Muratore v. Pirkl

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 8 opinions

Appeal by the defendant, John Pirkl, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of July, 1905, as denies the defendant’s motion for a stay of proceedings. '

1Opinion of the Court

Hírschberg, P. J.:

The plaintiff brought an action against the defendant in the Supreme Court in Kings county on March 12, 1903,' to recover damages for personal injuries charged to the defendant’s negligence. *147The case was duly tried and resulted in a judgment of nonsuit, with costs. On' appeal to this court the judgment was affirmed, with costs at the "April term in 1905. (See Muratore v. Pirkl, 104 App. Div. 133.) On the 16th day of May, 1905, the plaintiff, without paying the costs of either the trial or appeal, obtained an ex parte order permitting him to prosecute a new action for the…

2Cases cited3 opinions

  1. Barton v. . SpeisNew York Court of Appeals · 1878
  2. Farrell v. New York Juvenile AsylumAppellate Division of the Supreme Court of the State of New York · 1896
  3. Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by8 opinions

  1. Lincoln v. New York Cent. & H. R. RailroadNew York Supreme Court · 1910
  2. Maass v. RosenthalNew York Supreme Court · 1909
  3. Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  4. Prudential Oil Corp. v. Phillips Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1981
  5. Miano v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911

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