Appellate Division of the Supreme Court of New York, 1914

Seiler v. Klugman

Appellate Division of the Supreme Court of New York · Decided October 23, 1914

149 N.Y.S. 436 (New York Supplement)

Counsel

Myers & Goldsmith, of New York City (Josiah Canter, of New York City, of counsel), for appellant., Rudolph Marks, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

Examination of the papers discloses that the prior action in the City Court was substantially for the same cause of action as the one at bar. The courts of this state have repeatedly held, under similar circumstances, that the costs of the first litigation should be paid before a second litigation upon substantially the same cause of action would be permitted. Sprague v. Bartholdi Hotel Co., 68 Hun, 555, 22 N. Y. Supp. 1090; Spaulding v. American Wood Board Co., 58 App. Div. 314, 68 N. Y. Supp. 945; Ingrosso v. Baltimore & Ohio R. R. Co., 105 App. Div. 495, 94 N. Y. Supp. 177; Muratore v. Pirkl, 109 App. Div. 146, 95 N. Y. Supp. 855; Behrens v. Sturges, 138 App. Div. 537, 123 N. Y. Supp. 224.

The order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.