Farrell v. New York Juvenile Asylum
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, the New York Juvenile Asylum, 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 7th day of February, 1896, denying the defendant’s motion for a stay of proceedings in the action until the costs of the. former action are paid.
1Opinion of the Court
Per Curiam :
We think this motion should have been granted.
The plaintiff, as administrator, commenced an action in the Superior Court to recover for the death of the plaintiff’s intestate, caused by the negligence of the defendant. When that action came on for trial the plaintiff suffered a default, and the complaint was dis- ■ missed. Subsequently plaintiff moved to open the default, and that motion was granted upon payment of the taxable costs of the-action. The plaintiff failed to pay such costs, and judgment was entered dismissing the complaint, with' costs. Subsequently plaintiff'…
2Cited by2 opinions
- Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905
- Fransioli v. BoormanAppellate Terms of the Supreme Court of New York · 1903