Halpern v. Langrock Bros.

Plaintiff sued in the County Court and had judgment, after trial, which was reversed by the Appellate Division on the sole ground that the lower court was without jurisdiction because the complaint demanded more than $2,000, i. e., $2,000, with interest. The general rule of law governing applications for a stay on account of nonpayment of costs of a former trial is stated in Schwarts v. Minsker Realty Co., 166 App. Div. 681: “It has frequently been held that the' non-payment of costs in an action entitles the defendant in whose favor they are awarded to stay all proceedings in a subsequent…