Bicalky Fan Co. v. Mosier & Summers, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Bicalky Fan Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 12th day of December, 1916, vacating and setting aside an order directing that this action be placed at the head of the day calendar for the first day of the Equity Term and postponing the trial until the final determination of the issues joined in the United States District Court for the…
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Appeal by the plaintiff, the Bicalky Fan Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 12th day of December, 1916, vacating and setting aside an order directing that this action be placed at the head of the day calendar for the first day of the Equity Term and postponing the trial until the final determination of the issues joined in the United States District Court for the Western District of New York, between the Buffalo Forge Company, plaintiff, and the City of Buffalo and Thomas-Smith Company,…
1Per curiam
The rule is well settled that a stay of proceedings in an action will not be granted upon the ground that a prior action is pending between the same parties in reference to the same subject-matter, where it appears that, whatever be the result of the prior action, a trial of the second action will be necessary. If only a portion of the questions involved in the second cause of action will be settled in the first action, a stay will not be granted. (Clark v. Vilas Nat. Bank, 22 App. Div. 605; Dolbeer v. Stout, 139 N. Y. 486.)
The matter relating to the infringement is set up as a partial…
2Cases cited6 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Wise v. . Tube Bending Machine Co.New York Court of Appeals · 1909
- Clark v. Vilas National BankAppellate Division of the Supreme Court of the State of New York · 1897
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