Tamara Royal Jelly Products, Ltd. v. Kubie's Health Shop, Inc.

Appellate Terms of the Supreme Court of New York

Tamara Royal Jelly Products, Ltd. v. Kubie's Health Shop, Inc.

19 Misc. 2d 955, 189 N.Y.S.2d 313, 1959 N.Y. Misc. LEXIS 3396

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 25, 1959

StatusPublished

This text of 19 Misc. 2d 955 (Tamara Royal Jelly Products, Ltd. v. Kubie's Health Shop, 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

Tamara Royal Jelly Products, Ltd. v. Kubie's Health Shop, Inc., 19 Misc. 2d 955, 189 N.Y.S.2d 313, 1959 N.Y. Misc. LEXIS 3396 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

There is another action pending for the same relief. That action was begun by service of the summons (N. Y. City Mun. Ct. Code, § 18). The failure to file the summons stays the plaintiff from proceeding but does not terminate the action. [956]*956Plaintiff’s relief is to discontinue the prior action or proceed under it.

The judgment should be reversed, with $10 costs, and motion for summary judgment denied.

Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.

Judgment reversed, etc.

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Per Curiam.

There is another action pending for the same relief. That action was begun by service of the summons (N. Y. City Mun. Ct. Code, § 18). The failure to file the summons stays the plaintiff from proceeding but does not terminate the action. [956]*956Plaintiff’s relief is to discontinue the prior action or proceed under it.

The judgment should be reversed, with $10 costs, and motion for summary judgment denied.

Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.

Judgment reversed, etc.

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Bluebook (online)

19 Misc. 2d 955, 189 N.Y.S.2d 313, 1959 N.Y. Misc. LEXIS 3396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tamara-royal-jelly-products-ltd-v-kubies-health-shop-inc-nyappterm-1959.