Legal Opinion
Herzog v. Tamsen
City of New York Municipal Court
Decided February 15, 1898PublishedCited by 1 opinion
Appeal by Louis S. Firetag and Abraham Firetag from SO' much of an order granting a motion made by them for leave to intervene as parties defendant, as requires them to furnish security for costs.
1Opinion of the CourtO’Dwyer, J.
The right of the appellants to be brought in as parties defendant is absolute, and this being so-, the court cannot require security for costs as a condition for granting such right. Uhlfelder v. Tamsen, 18 Misc. Rep. 173; 40 N. Y. Supp. 372.
It follows that that -part of the order .appealed from should be reversed, with costs. ' 1 1 ; 1 »■' ■ l
Fitzsimons, Oh. J., concurs.
Order reversed, with costs.
2Cases cited1 opinion
- Uhlfelder v. TamsenAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Menke v. TamsenCity of New York Municipal Court · 1898