A. P. Youngblood, Inc. v. Banca Commerciale Italiana
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. P. Youngblood, Inc., from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1916, and the 16th day of December, 1916, respectively, the first order staying the trial of this action until the determination of an action claimed to be pending against the defendant in Italy and the other denying plaintiff’s motion for a reargument upon…
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Appeal by the plaintiff, A. P. Youngblood, Inc., from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1916, and the 16th day of December, 1916, respectively, the first order staying the trial of this action until the determination of an action claimed to be pending against the defendant in Italy and the other denying plaintiff’s motion for a reargument upon additional papers.
1Opinion of the Court
Davis, J.:
The plaintiff brought this action against the defendant, a foreign bank doing business in Italy, for damages for breach of contract for the delivery of flour. The action was about to be reached for trial in this county when defendant, at Special Term, obtained a stay of the action until the determination of *492another action then pending in Italy against the defendant, and claimed by defendant to have been brought by plaintiff for the same subject-matter as in the present action.
It is quite apparent from the affidavits submitted on behalf of plaintiff that the bringing of the action in…
2Cases cited1 opinion
- Moses v. SalomonAppellate Division of the Supreme Court of the State of New York · 1912