Morek v. Smolak
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSears, P. J.
The order before us on this appeal vacated a previous order granted ex parte requiring plaintiff to give security for costs as “ a person residing without the state.” (Civ. Prac. Act, § 1522.)
The provisions requiring the giving of security by a person residing without the State like the provisions authorizing an attachment against a non-resident, are based upon the probable difficulty or impracticability of enforcing judicial mandates against persons not dwelling within the jurisdiction of the courts. This underlying reason for the provision as to security for costs must be considered in…
2Cases cited6 opinions
- Barney v. OelrichsSupreme Court of the United States · 1891
- United States ex rel. Patton v. TodCourt of Appeals for the Second Circuit · 1924
- General Motors Acceptance Corp. v. BarnettCity of New York Municipal Court · 1931
- Zenatello v. PonsAppellate Division of the Supreme Court of the State of New York · 1932
- Bennett v. WatsonAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by15 opinions
- Itc Entertainment, Limited v. Nelson Film Partners and Frank MenkeCourt of Appeals for the Second Circuit · 1983
- Torrico v. International Business MacHines Corp.District Court, S.D. New York · 2002
- Catalanotto v. PalazzoloNew York Supreme Court · 1965
- 417 East Realty Associates v. RyanCivil Court of the City of New York · 1981
- Myers v. CarterCalifornia Court of Appeal · 1960
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