Regan v. Dillon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Franklin A. Regan, 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-22d day of November, 1921, limiting to the sum of $50,000 the security required to stay execution pending appeal from a judgment for $125,156.90.
1Opinion of the Court
Smith, J.:
This order is challenged as being an abuse of the discretion of the court. That the right to make the limitation in proper cases exists is not disputed. (See Civil Practice Act, § 568.) It cannot be possible, however, that the Legislature *623intended to give to the court the power to Emit the undertaking to the sum of $50,000 in aU cases where the judgment was for a greater sum, irrespective of the circumstances of the judgment debtor and the probability of the payment of the judgment in case it be affirmed. The discretion which the court is called upon to exercise in passing upon a…
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