← Cases

Cooper v. Falconite

255 A.D. 989 Court N.Y. App. Div. Decision date 1938-12-16 English

Contents

Majority

p. 989
Sandra Cooper, an Infant, by Miriam Cooper, Her Guardian ad Litem, and Miriam Cooper, Respondents, v. Joseph B. Falconite, Appellant, and Lettie M. Falconite, Defendant.

Order denying motion of defendant Joseph B. Falconite for a stay of all proceedings until the costs in a previous action for the same cause shall have been paid, affirmed, with ten dollars costs and disbursements. The special circumstances present here justified the exercise of the Special Term’s discretion. Appeal from order denying the appealing defendant’s motion for a reargument dismissed. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.