Rader v. Simmons

This is an application by defendant for an order pursuant to section 1520 of the Civil Practice Act, staying the trial of this action until payment by plaintiff of costs 'in the sum of $336.43, as retaxed by the clerk of this court on the 19th of August, 1943.

The costs in question have their genesis in an order made by the Court of Appeals finally denying plaintiff’s motion for summary judgment with costs against plaintiff in that court and the courts below. The decision of the Court of Appeals was, in effect, an affirmance of the determination originally made herein by my distinguished…