157 N.Y.S. 297 | N.Y. App. Term. | 1916
The complaint in the Supreme Court action shows that it was an action to recover for broker’s
In the former District Courts trials were stayed for the nonpayment of costs of prior actions, just as they would have been in the Supreme Court. Flewelling v. Brandon, 4 Daly, 333, 334; Lewis v. Davis, 8 Daly, 185,187, 188.
The right and duty to stay a trial until the costs of a prior action for the same cause are paid does not depend upon those costs being awarded by the same court in which the later action is brought. Singer v. Garlick, 123 App. Div. 282, 283; Weil v. Manheim, 66 Misc. Rep. 566-568. Stays for nonpayment of costs of prior actions are salutary, because it is for the public interest to diminish interminable,. groundless litigation. Conlon v. National Fireproofing Co., 128 App. Div. 271.
There is nothing in the present Municipal Court Code which changes this salutary rule of the Supreme Court and District Court practice. One of the defects of the Municipal Court Act which the present Code replaced was that subdivision 15 of section 1 thereof excluded power to stay for nonpayment of costs of a prior action. McKown v. Oppenheimer, 60 Misc. Rep.
Bijur and Gavegan, JJ., concur.
Appeal dismissed with ten dollars costs.