Helfand v. Massachusetts Bonding & Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Massachusetts Bonding and Insurance Company, 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 17th day of May, 1921, granting plaintiff’s motion to vacate an order for security for costs, permitting service of an amended complaint without security for costs ^and denying defendant’s motion to dismiss the complaint for failure to furnish security for costs.
1Opinion of the Court
Page, J.:
The plaintiff, a trustee in bankruptcy of the Harsol Costume Co., Inc., brought this action to recover on a policy of burglary insurance for a loss sustained by the bankrupt prior to the institution of the bankruptcy proceedings. The defendant immediately applied for and obtained an order requiring the plaintiff to give security for costs and staying all proceedings on the part of the plaintiff and his attorneys, except to review or vacate the order until such security was given. The plaintiff’s attorneys obtained several extensions of time to comply with the order, the last of which…
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