Oliva v. D'Amato

This is a motion to vacate an ex parte order dated August 17, 1950, which required the plaintiff to post security for costs.

Plaintiff, a nonresident, was appointed by a Surrogate’s Court of this State to act as administratrix of the estate of a nonresident decedent. So much of the estate as is the subject of this suit is situated in this county. The question is whether, simply because the plaintiff as an individual resides without the *842State, defendant is entitled to security for costs as of right under section 1522 of the Civil Practice Act, or whether, because of the fact that plaintiff sues…