Indestructible Metal Products Co. v. Summergrade
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Summergrade, from an order of the Supreme Court, made at the New York Special Term and. entered in the office of the clerk of the county of New York on the 17th day of February, 1921, granting plaintiff’s motion to stay the trial of an action brought by the defendant in the Municipal Court of the City of New York Borough of Manhattan, First District, upon the ground that this, action was begun prior to the Municipal Court action and involved…
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Appeal by the defendant, Joseph Summergrade, from an order of the Supreme Court, made at the New York Special Term and. entered in the office of the clerk of the county of New York on the 17th day of February, 1921, granting plaintiff’s motion to stay the trial of an action brought by the defendant in the Municipal Court of the City of New York Borough of Manhattan, First District, upon the ground that this, action was begun prior to the Municipal Court action and involved the same subject-matter.
1Opinion of the Court
Greenbaum, J.:
This is an action at law in which the plaintiff demands a money judgment only and seeks no injunctive or other relief. Although the order appealed from provides that the “ defendant, his attorney or agent, be and they are hereby stayed from proceeding with the trial of the action commenced by the said defendant against the plaintiff herein in the Municipal Court, Borough of Manhattan, First District,” it is in effect an injunction granted in one action to stay the trial of another action between the same parties.
The order must be reversed for two reasons: First, that it contains…
2Cases cited4 opinions
- David Belasco Co. v. KlawAppellate Division of the Supreme Court of the State of New York · 1904
- Webster v. . Columbian National Life Insurance CompanyNew York Court of Appeals · 1909
- Raymore Realty Co. v. Pfotenhauer-Nesbit Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Grammer v. GreenbaumAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by6 opinions
- Shaid v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Thorne v. ThorneAppellate Division of the Supreme Court of the State of New York · 1922
- Washington Assurance Co. v. DuncanNew York Supreme Court · 1955
- Cutler v. MetcalfeAppellate Division of the Supreme Court of the State of New York · 1944
- In re Joed Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1965
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