Isaac Seiler, Respondent, v. Julius Klugman, Appellant

Isaac Seiler, Respondent, v. Julius Klugman, Appellant. Practice —payment of costs of prior action. Appeal from an order of the Supreme Court, made at Special Term, Bronx county, and entered in the office of the clerk of Bronx county on the 22d day of July, 1914, denying a motion to stay all proceedings on the part of the plaintiff until the payment of costs in the action instituted by him against this defendant in the City Court. [MAJORITY — Per Curiam:] Per Curiam: Examination of the papers discloses that the prior action in the City Court was substantially for the same cause of action as the one at bar. The courts of this State have repeatedly held, under similar circumstances, that the costs of the first litigation should be paid before a second litigation upon substantially the same cause of action would be permitted. (Sprague v. Bartholdi Hotel Co., 68 Hun, 555; Spaulding v. American Wood Board Co., 58 App. Div. 314; Ingrosso v. Baltimore & Ohio R. R. Co., 105 id. 495; Muratore v. Pirkl, 109 id. 146; Behrens v. Sturges, 138 id. 537.) The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.