Per Curiam.
There is another action pending for the same relief. That action was begun by service of the summons (N. Y. City Mun. Ct. Code, § 18). The failure to file the summons stays the plaintiff from proceeding but does not terminate the action.
The judgment should be reversed, with $10 costs, and motion for summary judgment...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.