Snyder v. Griswold

This is an application for an order requiring the plaintiff to give security for costs under sections 1522 and 1524 of the Civil Practice, Act. The application is opposed on the ground of laches. At present, the action is at issue and has been noticed for trial.

Previous to the year 1915, it had been held that a defendant waived his absolute right to security for costs unless the application was made prior to answering, and that after answer, the granting of such security was in the discretion of the court. (Ives Mfg. Co. v. Smith & Hemenway Co., 166 App. Div. 910; Belch v. Delaware & Hudson…