McAllister v. Marlo Offset Printing Corp.

The decision of October 5,1955 (N. Y. L. J., Oct. 7, 1955, p. 7, col. 8), is recalled, as the fact that the defendant Modern Steaming and Washing Co. Inc. (not the movant herein) had already obtained by default an order requiring the plaintiff to furnish security for costs was overlooked. However, the result must in substance remain the same inasmuch as it is well established that the plaintiff is required to furnish only one undertaking, which should run in favor of all defendants. The rule was stated as follows in Robinson v. Whitaker (119 Misc. 516): “A non-resident plaintiff is not…