Simms v. Carter & Weekes Stevedoring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carter & Weekes Stevedoring Company, 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 28th day of June, 1915, denying defendant’s motion for a stay of proceedings.
1Opinion of the Court
McLaughlin, J.:
In October, 1912, the plaintiff brought an action in the City Court of the City of New York to recover $5,000 damages for personal injuries alleged to have been sustained through the negligence of the defendant. The action was subsequently dismissed for plaintiff’s failure to prosecute, and, on June 1, 1915, judgment was entered against the plaintiff for $48.14 costs. On June 15, 1915, the plaintiff commenced this action in the Supreme Court to recover $10,000 damages upon the same cause of action upon which he had previously sought to recover in the City Court. The defendant…
2Cases cited1 opinion
- Schwartz v. Minsker Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- World Athletic Sports Corp. v. PahlaviDistrict Court, S.D. New York · 1966
- Prudential Oil Corp. v. Phillips Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1981