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Silberman v. Scher

140 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1913-03-07 English

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p. 1145
SILBERMAN, Appellant, v. SCHER, Respondent.
(Supreme Court, Appellate Division, Second Department.
March 7, 1913.)

Headnote

Action by Ida Silberman against Louis Scher.

The contention that respondent’s proceedings are stayed by the nonpayment of costs on appeal from the orders referred to seems to be well supported, and such proceedings are stayed until defendant either pays the same, or makes a motion to offset the amount of these costs against the judgment in his favor against the plaintiff. For this reason, and because the case on appeal has not yet been settled, the motions to dismiss the appeals in this action are denied, but without prejudice to renewal thereof after the case has been settled, and upon further papers. See, also, 139 N. Y. Supp. 1144 .