Borenstein v. Mendelevitz

Appellate Division of the Supreme Court of New York

Borenstein v. Mendelevitz

177 A.D. 932

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1917

StatusPublished

This text of 177 A.D. 932 (Borenstein v. Mendelevitz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Borenstein v. Mendelevitz, 177 A.D. 932 (N.Y. Ct. App. 1917).

Pincite

Opinion

was no sufficient evidence that the cause of action was the same as that pending in the County Court, or that costs had been taxed therein against plaintiff, or, if so, the amount thereof. Evidence of such facts was necessary before the court could exercise its discretion in deciding a motion to stay proceedings for non-payment of costs in another action. Order of the County Court of Kings county reversed, with ten dollars costs and disbursements. Jenks, P. J., Stapleton, Mills, Rich and Blackmar, JJ., concurred. '

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was no sufficient evidence that the cause of action was the same as that pending in the County Court, or that costs had been taxed therein against plaintiff, or, if so, the amount thereof. Evidence of such facts was necessary before the court could exercise its discretion in deciding a motion to stay proceedings for non-payment of costs in another action. Order of the County Court of Kings county reversed, with ten dollars costs and disbursements. Jenks, P. J., Stapleton, Mills, Rich and Blackmar, JJ., concurred. '

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Bluebook (online)

177 A.D. 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borenstein-v-mendelevitz-nyappdiv-1917.