Williams v. Hays — 5 N.Y.S. 667

Majority

p. 667

Williams v. Hays.

(Supreme Court, General Term, First Department.

May 24, 1889.)

Headnote

Practice in Civil Cases—Stay oe Proceedings.

In an action by the assignee of the claim of an insurance company against the-master of the insured vessel, the company having paid the amount of the policy to the owners, and the contention being that the vessel was lost through defendant’s negligence, the court permitted defendant to file a supplemental answer, setting up. the result of an action by defendant against the insurance company, which action involved the question of negligence in sailing the ship. Held, that a stay of proceedings pending the appeal in the other action was properly denied.

Appeal from special term, Yew York county.

For statement of facts, see Williams v. Hays, ante, 666.

Argued before Van Brunt, P. J., and Bartlett and Macoliber, JJ.

Geo. A. Black, for appellant. Goodrich, Beady <& Goodrich, for respondent.

The decision upon the appeal by the plaintiff from an order permitting the appellant to file a supplemental answer, (ante, 666,) alleging the result of the trial in the superior court of the city of Yew York in the case of Hays against the Phoenix Insurance Company, practically decides this.

p. 668

motion also. That portion of the order not appealed from granted a stay pending this appeal, and properly denied a stay until the hearing upon appeal of the ease pending in the superior court of the city of New York in the action brought by this defendant against the insurance company. Such stay was obviously all the court should have granted, and the discretion of the court seems to have been fairly exercised, .and should not be disturbed. Order appealed from affirmed, with costs.

Van Brunt, P. J., and Bartlett, J., concur.