Lass v. Volk Housewrecking Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Benjamin Eass against the Volk Housewrecking Company. From an order of the City Court of the City of New York denying a motion to stay the plaintiff from proceeding with the trial of this action upon the grounds of the nonpayment of a judgment for costs of a previous action instituted by him, defendant appeals.
1Per curiam
The respondent’s attorney in his affidavit opposing the motion for a stay admits that he commenced an action against the defendant on July 7, 1910, under the common law to recover damages for personal injuries, that such action was discontinued, and that on July 25, 1910, he began another action for the plaintiff herein against the defendant under the employer’s liability act for damages for personal injuries, both actions arising out of the same transaction.
The respondent urges that as the causes of. action are not identical the order appealed from should be affirmed.
[1, 2] It has been held…
2Cases cited3 opinions
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Spaulding v. American Wood-Board Co.Appellate Division of the Supreme Court of the State of New York · 1901