Gmaehle v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Rosenberg and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1902, denying the defendants’ motion for an order requiring the plaintiff to give security for costs.
1Opinion of the Court
O’Brien, J.:
The action is brought to recover the damages sustained by the next of kin by reason of the death of Charles Gmaehle through the alleged negligence of the defendant. The summons and complaint having been served, the defendant moved for security for costs, which motion was denied, and from the order thereupon entered, this appeal is taken.
The question of whether in such an action the defendant is entitled to security for costs is one within the sound discretion of the Special Term. In determining, however, whether such discretion has been properly exercised, there are certain…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Johnson v. RoachAppellate Division of the Supreme Court of the State of New York · 1903
- Grasso v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Crosby v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1903