Doerfler v. Pottberg

Appellate Division of the Supreme Court of New York

Doerfler v. Pottberg

177 A.D. 927

Procedural entryThis page is a short order in Doerfler v. Pottberg. Read the opinion of the Court — 170 A.D. 578 →

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1917·Published

Opinion

Order reversed, with ten dollars costs and disbursements, and motion denied, without prejudice to a renewal at the proper time. The plaintiff in neither action has proceeded with diligence. In one of the actions the defense of another action pending has been interposed. A stay will be seasonable when one of the actions has proceeded to judgment. Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred; Carr, J., not voting.

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Order reversed, with ten dollars costs and disbursements, and motion denied, without prejudice to a renewal at the proper time. The plaintiff in neither action has proceeded with diligence. In one of the actions the defense of another action pending has been interposed. A stay will be seasonable when one of the actions has proceeded to judgment. Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred; Carr, J., not voting.

Doerfler v. Pottberg, 177 A.D. 927 (N.Y. Ct. App. 1917).

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