Appellate Division of the Supreme Court of the State of New York December 30, 1908 (Goldman v. Brooklyn Heights Railroad)

Rich, J.:

When the case was called for issue on November 7,1907, defendant's attorney filed an affidavit alleging non-payment of the costs of a former action between the parties for the same cause, in which the complaint was dismissed, and asked that further proceedings be stayed until the payment of such costs.