185 A.D. 370 | N.Y. App. Div. | 1918
Plaintiff heretofore, in March, 1918, brought an action in the Municipal Court, Borough of Manhattan, Seventh District, to recover damages for injury to plaintiff’s person and to her property, due to defendant’s negligence. Thereafter the' action was discontinued, with costs, and judgment entered thereupon in said court for the amount of said costs, forty-eight dollars, no part of which has been paid. On June 13, 1918, plaintiff commenced an action in the Supreme Court, New York county, upon substantially the same cause of action, except that damages were sought solely for the injury to plaintiff’s person. The sole ground urged as a reason for not granting a stay until the costs of the prior action are paid, is that plaintiff cannot, owing to her financial circum-
The order appealed from will be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Clarke, P. J., Smith and Page, JJ., concurred; Shearn, J., dissented.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Order to be settled on notice.