153 N.Y.S. 982 | N.Y. App. Div. | 1915
The affidavit upon which the vacating order was made states the ground of the motion to be that at the time the order for examination was obtained by the plaintiff all proceedings on his part were stayed under section 779 of the Code of Civil Procedure by reason of his failure to pay certain motion costs. It appears by the answering affidavit that
Thompson v. McLaughlin (138 App. Div. 714)— [Rep.