Susman v. Dangler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Dangler, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 17th day of February, 1904, denying ■the defendant’s motion to dismiss the complaint and granting the plaintiff’s motion for leave to discontinue the action, upon the payment of costs.
1Opinion of the Court
Hooker, J.:
The plaintiff brought her action in the County Court, and was met by a motion , which resulted in an order directing her to file security for costs within five days after service of the order upon her, and directing that all proceedings on her part be stayed. Upon her failure, and after she was in default two months in filing the security, the defendant made a- motion to dismiss her complaint with costs of the action and of his mtition. Upon an order to show cause the plaintiff thereafter moved for leave to discontinue the action, after tendering to the defendant’s attorney ten…
2Cases cited2 opinions
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- National Wall Paper Co. v. SzerlipAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Buckley & Kisseloff v. Feldcos Realty Corp.Civil Court of the City of New York · 1970
- Schnabel v. Hanover Nat. BankCity of New York Municipal Court · 1913
- Williams v. Frank Levy, Inc.City of New York Municipal Court · 1915