Joseph v. Raff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, ¡Norman C. Raff, 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 23d day of June, 1902, denying the defendant’s motion to require the plaintiff to give security for costs.
1Opinion of the Court
O’Brien, J.:
The plaintiff brings this action as trustee in bankruptcy to set aside transfers made to the directors of the bankrupt corporation on the ground that they were without consideration and were made at a time when the corporation was insolvent. The defendant made a motion for security for costs which was denied, and from the order so entered he has appealed.
The question thus presented is whether under the construction to be given to section 3268 of the Code of Civil Procedure, the defendant is entitled as matter of right to an order, requiring the plaintiff to give security for…
2Cases cited1 opinion
- Rielly v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Kiendl v. DubroffAppellate Division of the Supreme Court of the State of New York · 1909
- Kronfeld v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1903
- Allen v. McCormickNew York Supreme Court · 1920
- Kronfeld v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1903