Drake v. Hodgson

Defendant Hodgson on or about June fifth obtained an order granting his motion for judgment on the pleadings dismissing the complaint, and plaintiff moves that judgment of dismissal, pursuant to the order, be entered by the defendant or by the clerk at the instance of the plaintiff. . Defendant moves that the service of plaintiff’s notice of motion be set aside on the ground that because of plaintiff’s default in payment of the costs imposed by the order all plaintiff’s proceedings are stayed by the statute. Civil Practice Act, § 1520. As plaintiff’s motion is concededly but a step in an…