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Doerfler v. Pottberg

177 A.D. 927 Court N.Y. App. Div. English

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p. 927
Isabella R. Doerfler, Appellant, v. Sarah E. Pottberg, Individually and as Executrix and Trustee, etc., and Others, Respondents.

Order reversed, with ten dollars costs and disbursements, and motion denied, without prejudice to a renewal at the proper time. The plaintiff in neither action has proceeded with diligence. In one of the actions the defense of another action pending has been interposed. A stay will be seasonable when one of the actions has proceeded to judgment. Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred; Carr, J., not voting.