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ASSOC. SALES ANALYSTS v. WEITZ

25 A.D.2d 64 (1966)

Associated Sales Analysts, Inc., Appellant, v. Morton Weitz, Respondent, et al., Defendants Associated Sales Analysts, Inc., Appellant, v. Morton Weitz, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 8, 1966.

Attorney(s) appearing for the Case

Hiram G. Shields of counsel (Harold W. Grubart with him on the brief), for appellant.

Martin London of counsel (Jay H. Topkis with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondent.

BOTEIN, P. J., VALENTE, EAGER and STEUER, JJ., concur.

BREITEL, J.

The issue is whether two subsequent actions may as a matter of power, and should in the exercise of discretion, be stayed for nonpayment of a bill of costs imposed in a prior action brought by plaintiff's assignor against defendant Weitz. He is the sole defendant in one of the subsequent actions and is only one of several defendants in the other. Plaintiff had succeeded in the prior action on the trial...

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