Hempsted v. White Sewing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Aimee Hempsted, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of May, 1909, staying proceedings until the payment of costs in a former action.
1Opinion of the Court
Hirschberg, P. J.:
The order appealed from stays the prosecution of an action in the Supreme Court until the payment by the plaintiff of the costs of a former action brought by her for the same cause in the Municipal Court of the city of Hew York, which terminated in a judgment dismissing the' complaint, with costs. The action is for assault, and it was alleged by the defendant on the hearing at Special Term on information and belief that the dismissal in the Municipal Court was because of want of jurisdiction to determine the issue on the merits, by virtue of subdivision 14 of section 1 of…
2Cases cited4 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Day v. Sun Insurance OfficeAppellate Division of the Supreme Court of the State of New York · 1899
- Hirschfield v. HassettAppellate Terms of the Supreme Court of New York · 1908
3Cited by5 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Weidenfeld v. Pacific Improvement Co.Court of Appeals for the Second Circuit · 1939
- In re the Estate of McTeveyNew York Surrogate's Court · 1916
- O'Connor v. La PapilaCity of New York Municipal Court · 1956
- Hobson v. LinderAppellate Division of the Supreme Court of the State of New York · 1916