Appellate Division of the Supreme Court of New York, 1930

Municipal Metallic Bed Manufacturing Corp. v. Dobbs

Municipal Metallic Bed Manufacturing Corp. v. Dobbs
Appellate Division of the Supreme Court of New York · Decided January 15, 1930
228 A.D. 724
Municipal Metallic Bed Manufacturing Corp. v. Dobbs

Opinion of the Court

• — • Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The complaint in this action was dismissed. This stay could be had only by application to the Municipal Court, if an action were there pending (Tauszig v. Tauszig, 226 App. Div. 759), or in an equity action brought to restrain the prosecution to avoid multiplicity of suits. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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