Hyperlawhypertext legal database Robinson v. Klein 62 N.Y. St. Rep. 73

← Cases

Robinson v. Klein

62 N.Y. St. Rep. 73 Court N.Y.C.P. English

Delivered by Gtegerich, J.

Contents

Majority

p. 73
Frederick Robinson, Pl’ff, v. Marie Anna Klein et al., Def’ts.
(New York Common Pleas, Special Term,
Filed May, 1894.)

Headnote

Stay of Proceedings—Waiver.
A stay of proceedings for non-payment of costs, awarded on motion to make the complaint more definite and certain, is not waived by answering tlie amended complaint served before the stay began to operate.
Motion for judgment on ground that plaintiff had no right to file a reply as his proceedings were stayed.
Herbert Grundel, for motion; Menken Bros., opposed.

The plaintiff having failed to pay the motion costs, his proceedings were stayed until payment thereof, the stay extending to the service of a reply to the counterclaim pleaded by the defendants. Lyons v. Murat, 4 Abb. N. C. 13 ; 54 How. Pr. 23 . The defendants did not waive the-stay by serving an answer to the amended complaint, which was served before the stay began to operate. Code Civ. Proc., § 779; Marks v. King, 66 How. Pr. 458 . Motion granted, with $10 costs, unless within ten days after entry of the order the plaintiff pay the costs of the former motion and $10 costs of this motion, making in the aggregate $20 costs, and serve his reply herein, leave to serve the same being granted upon payment of $20 costs within the time above specified.

Cases cited