Appeal No. 2 | N.Y. App. Div. | Jan 15, 1930
• — • Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The complaint in this action was dismissed. This stay could be had only by application to the Municipal Court, if an action were there pending (Tauszig v. Tauszig, 226 A.D. 759" date_filed="1929-04-15" court="N.Y. App. Div." case_name="Theobald v. Theobald">226 App. Div. 759), or in an equity action brought to restrain the prosecution to avoid multiplicity of suits. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.