Miller v. Carol Dresses, Inc.

Appellate Terms of the Supreme Court of New York

Miller v. Carol Dresses, Inc.

147 Misc. 717

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1933

StatusPublished

This text of 147 Misc. 717 (Miller v. Carol Dresses, Inc.) 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

Miller v. Carol Dresses, Inc., 147 Misc. 717 (N.Y. Ct. App. 1933).

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Opinion

Per Curiam.

When the judgment of dismissal with costs was entered against Art Drawn Wide Hemstitching, Inc., it was stayed from proceeding against the defendant until payment of the costs in that judgment had been made. (Mun. Ct. Code, § 125.)

The plaintiff, as assignee of Art Drawn Wide Hemstitching, Inc., stands in no better position than his assignor, and the commencement of a second suit by him on the same cause of action was unauthorized. The action should, therefore, have been dismissed for non-payment of costs in the first action.

Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs, without prejudice.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiam.

When the judgment of dismissal with costs was entered against Art Drawn Wide Hemstitching, Inc., it was stayed from proceeding against the defendant until payment of the costs in that judgment had been made. (Mun. Ct. Code, § 125.)

The plaintiff, as assignee of Art Drawn Wide Hemstitching, Inc., stands in no better position than his assignor, and the commencement of a second suit by him on the same cause of action was unauthorized. The action should, therefore, have been dismissed for non-payment of costs in the first action.

Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs, without prejudice.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Bluebook (online)

147 Misc. 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-carol-dresses-inc-nyappterm-1933.