Doerfler v. . Pottberg
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1915, which reversed an order of Special Term granting a motion for a stay of proceedings in an action of partition and denied said motion. . The facts, so far as material, and the question certified are stated in the opinion.
1Opinion of the CourtPound, J.
This is an appeal by permission from an order of the Appellate Division for the second department, reversing an order of the Special Term which stayed all proceedings in an action for the partition of real estate on the ground that one of the defendants served had first begun his action for partition and that plaintiff, who had not been served in the first action, was not justified in beginning a new suit. The Appellate Division held that another action was not pending against plaintiff when she began her action and the stay should not have been granted. The following question is certified…
2Cases cited2 opinions
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Annes v. Carolan, Graham, Hoffman, Inc.Illinois Supreme Court · 1929
- Nosrep Corp. v. Clinton Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Doerfler v. PottbergAppellate Division of the Supreme Court of the State of New York · 1917
- Western International Hotels Co. v. Arista Student Travel Ass'nAppellate Division of the Supreme Court of the State of New York · 1969