Mugler v. Castleton Hotel & Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Castleton Hotel and Realty Company, from 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 Richmond on the 18th day of May, 1915, sending the issues to a referee to hear and determine. The action was brought to foreclose a mechanic’s lien.
1Per curiam
Plaintiff’s practice was wrong in moving again at the Special Term in Kings county to refer the issues after the court had refused to grant a reference when the cause was called at the Special Term in Richmond county. Two motions for the same object cannot be made upon the same state of facts where the first has been denied without leave to renew. (Hall v. Emmons, 9 Abb. Pr. [N. S.] 370, 372; Childs v. Childs, No. 2, 144 App. Div. 168. See Nichols Pr. § 635.) The language that the court declined to refer “and will leave the parties where they were, and they can thus try their case whenever…
2Cases cited3 opinions
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Childs v. ChildsAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- Matter of LeeNew York Court of Appeals · 1917
- In re Jacqueline F.New York Surrogate's Court · 1978
- Davidson v. SterngassAppellate Division of the Supreme Court of the State of New York · 1952
- White v. SebringAppellate Division of the Supreme Court of the State of New York · 1930
- Dauch v. Great Neck Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1925