Stern v. Bamberger

Motion for reargument granted. Defendant had moved to dismiss the complaint on the ground that another action was pending between the same parties. That action had been commenced before a justice of the peace in Yonkers. It was adjourned to allow plaintiff to take the deposition of a witness. The term of office of the justice of the peace before *352whom the action was pending, expired before the matter was disposed of and his office was filled by another person. Section 2 of the Justice Court Act (L. 1920, ch. 937) provides that a justice of the peace has jurisdiction expressly conferred on him…