Legal Opinion

Valentine v. Valentine

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

Decided November 19, 1909PublishedCited by 4 opinions

Appeal by the plaintiff, Ludlow W. Valentine, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 21st day of June, 1909.

1Opinion of the Court

Miller, J.:

After this case was on the calendar for trial and one adjournment had been procured by the plaintiff, an order was obtained ex pa/rte by the plaintiff discontinuing the action on payment of costs by the plaintiff to the defendant. The order appealed from vacates that order and sets the case for trial peremptorily on a date named “ unless the plaintiff stipulates that as a condition of such discontinuance he agrees not to sue again on the same cause of action, and to pay the taxable costs of this action and such additional allowance to defendant as the court may grant herein.” The…

2Cases cited2 opinions

  1. Kilmer v. Evening Herald Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Schlegel v. Roman Catholic Church of Most Holy TrinityAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by4 opinions

  1. Frear v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
  2. Weber v. WardNew York Supreme Court · 1927
  3. Donavan v. ShaheenNew York Supreme Court · 1962
  4. Williams v. Frank Levy, Inc.City of New York Municipal Court · 1915

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