Levine v. Bradlee

Initially, I agree with the majority that we do not have before us any issue as to the right to require security for expenses with respect to the federal cause of action. That issue was decided in plaintiff’s favor by Judge Grim’s opinion and order of November 17, 1965. This appeal is solely from Judge Luongo’s order of June 13, 1966 which dealt only with security in connection with the state cause of action.

The majority opinion decides that a plaintiff’s claim for attorney’s fees, arising from a secondary action, is a direct and separate action against the corporation based on quantum…