RED TOP TRUCKING CORP. v. SEABOARD FREIGHT LINES


35 F.Supp. 740 (1940)

RED TOP TRUCKING CORPORATION v. SEABOARD FREIGHT LINES, Inc., et al.

District Court, S. D. New York.

November 14, 1940.


Attorney(s) appearing for the Case

Nathan E. Zelby, of New York City (Milton R. Wexler, of New York City, of counsel), for plaintiff.

Kaye, Scholer, Fierman & Hays, of New York City (Milton Kunen of New York City, of counsel), for defendant, Seaboard Freight Lines, Inc.


KNOX, District Judge.

Plaintiff moves for an order staying an action in the Municipal Court of the City of New York, pendente lite.

The action here is for a money judgment for property damage purporting to have arisen from the negligence of the defendant. The "transaction or occurrence" which constitutes the basis of the claim is a collision between vehicles owned respectively by plaintiff and defendant.

It appears that the defendant has instituted...

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