Haboneh Engineering Construction & Building Corp. v. Merchants Restaurant Corp.

Appellate Terms of the Supreme Court of New York

Haboneh Engineering Construction & Building Corp. v. Merchants Restaurant Corp.

134 Misc. 41, 234 N.Y.S. 380, 1929 N.Y. Misc. LEXIS 780

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1929

StatusPublished

This text of 134 Misc. 41 (Haboneh Engineering Construction & Building Corp. v. Merchants Restaurant Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haboneh Engineering Construction & Building Corp. v. Merchants Restaurant Corp., 134 Misc. 41, 234 N.Y.S. 380, 1929 N.Y. Misc. LEXIS 780 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

The subject-matter of both actions was the contractual relation between the parties which grew out of one building contract. Wliile the second complaint proceeded on a different theory from the first, it sought to recover practically the same items of damage. The rule is that “ so long as the facts in both actions were substantially the same, the last action should be stayed until the costs were paid.” (Mintz v. Goodman, 186 N. Y. Supp. 214.) These actions are substantially the same.

The order is reversed, with ten dollars costs and disbursements, and motion granted.

All concur; present, Bijur, Callahan and Peters, JJ.

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Per Curiam.

The subject-matter of both actions was the contractual relation between the parties which grew out of one building contract. Wliile the second complaint proceeded on a different theory from the first, it sought to recover practically the same items of damage. The rule is that “ so long as the facts in both actions were substantially the same, the last action should be stayed until the costs were paid.” (Mintz v. Goodman, 186 N. Y. Supp. 214.) These actions are substantially the same.

The order is reversed, with ten dollars costs and disbursements, and motion granted.

All concur; present, Bijur, Callahan and Peters, JJ.

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Bluebook (online)

134 Misc. 41, 234 N.Y.S. 380, 1929 N.Y. Misc. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haboneh-engineering-construction-building-corp-v-merchants-restaurant-nyappterm-1929.