Majority
p. 235John S. Worman, Resp’t, v. Joseph Frankish et al., App’lts. (City Court of New York, General Term Filed June 9, 1890.)
Headnote
Motions and orders. — Motion cannot be reheard without leave.A motion cannot be reheard without permission from the judge before whom it was originally made, even though the new application is made upon additional proofs.
Appeal from order vacating order requiring security for costs.
Johnston & Johnston, for app’lts; Theal & Beam, for resp’t.
The point upon which the order requiring sci curity for costs was vacated was that the matter had been theretofore decided by Mr. Justice Yan Wyck adversely to the defend
p. 236
ants. This decision was on the merits, and after a full hearing. True, the new application was on additional proofs, but the ground of the application was the sainé, viz.: the non-residence of the plaintiff. The defendants ought to have applied to Justice Yan Wyck for leave to renew the motion. To allow motions to be reheard without permission might lead to uncertainty and to conflict of decision, results which should not be encouraged. Upon the entire record, and on the theory of res adjudícala, and without expressing any opinion on the facts now disclosed, we have concluded to affirm the order appealed from, without costs.
McAdam, Ch. J., McG-own and Fitzsimons, JJ., concur.