Tanzsheim v. Brooklyn, Queens County & Suburban Railroad

Citations

• 106 A.D. 233
• 94 N.Y.S. 534

Syllabus

<p>A motion should he determined on the facts existing at the time it is made — stay for non-payment of costs.</p> <p>Where the defendant in an action makes a motion to stay the plaintiff’s proceedings, because of the non-payment by him of a judgment for costs rendered against him in an'action which he had previously brought against a third party upon the same cause of action, but does not acquire title to such judgment until after the service of the motion papers, the motion should be denied.</p>