
    Rachel Unger, plaintiff, vs. The Forty- Second Street, &c. Railroad Company, defendants.
    Where,.after service of the summons and complaint, the defendants stay the plaintiff’s proceedings until the costs of a former suit are paid, the defendants cannot move, under section 274 of the Code of Procedure, to dismiss the complaint, if the costs have not been paid, and the stay is still in force.
    (Before Moseii, ¿T. at special term,
    April, 1866.
     