Does a judge or court have authority to grant partial discharge from liability under Section 158 of the New York State Code of Civil Procedure?
"New York", United States of America
The following excerpt is from Marshall, In re, 232 N.Y.S.2d 280, 36 Misc.2d 230 (N.Y. Sup. Ct. 1962):
A judge or court should not ordinarily reconsider, disturb or overrule an order in the same action of another court of co-ordinate jurisdiction (Mount Sinai Hospital v. Davis, 8 A.D.2d 361, 188 N.Y.S.2d 298). No doubt the court directing a joint bond in the first instance, had good reason for doing so; and nothing in Section 158 gives the petitioner the right to partial discharge from liability thereunder.
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