Mulhern v. Mulhern

Appellate Division of the Supreme Court of New York

Mulhern v. Mulhern

5 A.D.2d 762, 170 N.Y.S.2d 294, 1958 N.Y. App. Div. LEXIS 7205

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

DecidedJanuary 21, 1958

StatusPublished

This text of 5 A.D.2d 762 (Mulhern v. Mulhern) 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

Mulhern v. Mulhern, 5 A.D.2d 762, 170 N.Y.S.2d 294, 1958 N.Y. App. Div. LEXIS 7205 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order appealed from unanimously reversed and motion for a stay of Action No. 1 until the trial and determination of Action No. 2 granted. Should either party prevail upon his or her affirmative cause of action in Action No. 2, it would render unnecessary the further prosecution of Action No. 1 in the event the latter cause survives a motion to dismiss the complaint. Respondent may move to vacate the stay in the event the husband does not proceed expeditiously to the trial of Action No. 2.

Concur — Botein, P. J., Valente, McNally, Stevens and Bergan, JJ.

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Order appealed from unanimously reversed and motion for a stay of Action No. 1 until the trial and determination of Action No. 2 granted. Should either party prevail upon his or her affirmative cause of action in Action No. 2, it would render unnecessary the further prosecution of Action No. 1 in the event the latter cause survives a motion to dismiss the complaint. Respondent may move to vacate the stay in the event the husband does not proceed expeditiously to the trial of Action No. 2.

Concur — Botein, P. J., Valente, McNally, Stevens and Bergan, JJ.

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Bluebook (online)

5 A.D.2d 762, 170 N.Y.S.2d 294, 1958 N.Y. App. Div. LEXIS 7205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulhern-v-mulhern-nyappdiv-1958.