Gilbert v. 503-507 West 177th Street Corp.

Defendant moves to compel plaintiff, a nonresident administratrix, to post security for costs. Such a motion may be made at any stage of the action (Civ. Prac. Act, § 1522). Plaintiff urges that under section 1523 of the Civil *79Practice Act the court has discretion to grant security for costs where a legal representative of an estate is concerned. The only basis for exercising such discretion is plaintiff’s assertion of laches on part of the defendant. Plaintiff does not show whether there is any property in this State belonging to the estate of the decedent. Insufficient facts to warrant an…