Galanek v. Guntzer

Motion to require Jean Galanek, one of the plaintiffs, to give security for costs, denied. She was a resident of Bronx. County when the action ivas started. Subdivision C of section 1522 of the Civil Practice Act provides that “ * * * if there are two or more plaintiffs, the defendant cannot require security for costs to be given unless he is entitled to require it of all the plaintiffs." (Blaise v. Bovin, 173 Misc. 963.)

The other plaintiff, Stanley Galanek, has been inducted and is now in the military service. There is no proof submitted as to the residence of the plaintiff, Stanley Galanek.…