De Rosmo v. Feeney

MOSCOWITZ, District Judge.

This is a motion for an order directing the plaintiffs to file a bond in the sum of $250 or to deposit such sum in cash with the clerk of this court as security for costs.

Defendants contend that the New York law, Section 1522 of the Civil Practice Act of the State of New York, requiring security for costs is binding upon this court. Section 1522 of the Civil Practice Act of the State of New York provides that the granting of an order for security for costs is mandatory and not discretionary.

Since the adoption of the Federal Rules of Civil Procedure, 28 U.S.C.A.…