Cohen v. Hautcharow
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Abraham Cohen, by his guardian ad litem, against Joseph Hautcharow. From an order vacating an order directing the plaintiff to file security for costs and permitting him to sue as a poor person, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
It is beyond question that an infant suing by a guardian ad litem may be permitted to sue in forma pauperis (Feier v. 3rd Ave. R. R. Co., 9 App. Div. 607, 41 N. Y. Supp. 821), and the question whether he should not be permitted so to do is not to be determined by the responsibility of the guardian (Muller v. Bammann, 77 App. Div. 212, 78 N. Y. Supp. 1022), unless it appears that such guardian ad litem is a parent of the infant (Rutkowsky v. Cohen, 74 *574App. Div. 415, 77 N. Y. Supp. 546, as explained in Muller v. Bammann, supra). But the papers upon which the order granting permission may be…
2Cases cited8 opinions
- Weinstein v. FrankAppellate Division of the Supreme Court of the State of New York · 1900
- Feier v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Rutkowsky v. CohenAppellate Division of the Supreme Court of the State of New York · 1902
- Daus v. NussbergerAppellate Division of the Supreme Court of the State of New York · 1898
- Weinstein v. SchneppAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by4 opinions
- In Re Interest of TWNebraska Supreme Court · 1990
- State v. D. W.Nebraska Supreme Court · 1990
- In Re Interest of NLBNebraska Supreme Court · 1990
- In Re Interest of NLBNebraska Supreme Court · 1990