Corn Exchange National Bank v. Kimball
City of New York Municipal Court
Motion to vacate an extension of time contained in a stay pending an order to file security for costs.
1Opinion of the CourtMcAdam, C. J.
The plaintiff is a foreign corporation doing business in the State of Pennsylvania. The defendant after having been served with process obtained an order requiring the plaintiff to filo security for costs, etc., with a stay until security was given, and the same order extended the defendant’s time to answer. The present application is to vacate the extension of time because there is not a proper affidavit of merits annexed to the papers.
The stay originally granted is still in force, and the *291defendant objects that the present motion is a violation thereof.
The Code entitles a defendant, as of…
2Cited by1 opinion
- Kinley v. American Hardware Manufacturing Co.New York Supreme Court · 1906