Hay v. Cole

New York Supreme Court

Hay v. Cole

35 N.Y.S. 950, 97 N.Y. Sup. Ct. 258, 70 N.Y. St. Rep. 586

DecidedNovember 15, 1895

StatusPublished

This text of 35 N.Y.S. 950 (Hay v. Cole) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hay v. Cole, 35 N.Y.S. 950, 97 N.Y. Sup. Ct. 258, 70 N.Y. St. Rep. 586 (N.Y. Super. Ct. 1895).

Pincite

Opinion

PER CURIAM.

It is disclosed by the record that the respondent brought an action in the court of common pleas against Thomas Hay to set aside said judgment on the same ground disclosed in the motion papers, which action was pending when this motion was heard and decided. This fact is conceded. The respondent had no right to prosecute concurrent remedies at the same time in different courts for the same relief. . Had he desired to obtain relief by motion he should have discontinued his action, and the pending action is a defense to this motion.

The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs and disbursements.

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PER CURIAM.

It is disclosed by the record that the respondent brought an action in the court of common pleas against Thomas Hay to set aside said judgment on the same ground disclosed in the motion papers, which action was pending when this motion was heard and decided. This fact is conceded. The respondent had no right to prosecute concurrent remedies at the same time in different courts for the same relief. . Had he desired to obtain relief by motion he should have discontinued his action, and the pending action is a defense to this motion.

The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs and disbursements.

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Bluebook (online)

35 N.Y.S. 950, 97 N.Y. Sup. Ct. 258, 70 N.Y. St. Rep. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hay-v-cole-nysupct-1895.