Robinson v. Klein

30 N.Y.S. 262, 31 Abb. N. Cas. 481, 62 N.Y. St. Rep. 73

Opinion

GIEGEBICH, J.

The plaintiff having failed to pay the motion costs, Ms proceedings were stayed until payment' thereof, the stay extending to the service of a reply to the counterclaim pleaded by the defendants. Lyons v. Murat, 4 Abb. N. C. 13, 54 How. Pr. 23. The defendants did not waive the stay by serving an answer to the amended complaint, which was served before the stay began to operate. Code Civ. Proc. § 779; Marks v. King, 66 How. Pr. 463. Motion granted, with $10 costs, unless within 10 days after entry of the order the plaintiff pay the costs of the former motion and $10 costs of this motion, making in the aggregate $20 costs, and serve his reply herein, leave to serve the same being granted upon payment of $20 costs within the time above specified.