In re Whalen

This application is made under section 1078 of the Civil Practice Act, and am assuming no other action” include the institution of bankruptcy proceedings. The spirit of the section is to avoid two actions or proceedings to enforce the same obligation. The application may be made nunc pro tune (Earl v. David, 20 Hun, 527), but “ special circumstances ” must be shown (Equitable Life Ins. Soc. v. Stephens, 63 N. Y, 341), *297and the application should be granted “ with caution.” (Morrison v. Slater, 128 App. Div. 467.) The general rule is that leave will not be granted unless “ good reasons ” be…