Ampel v. Seifert
Appellate Terms of the Supreme Court of New York
Appeal from Special Term. Action by Efriam Ampel against Wolf Seifert and another. From an order denying a motion to vacate an order directing plaintiff to deposit or file security for costs, plaintiff appeals. Reversed. See 84 N. Y. Supp. 122.
1Per curiam
It is well settled that an application for security for costs must be made before answer as a matter of right, or, after answer, appealing to the court’s discretion, must be made promptly after the discovery of facts, which satisfactorily explains why it was not made before answer. Segal v. Cauldwell, 22 App. Div. 95, 47 N. Y. Supp. 839; Henderson v. McNally, 33 App. Div. 132, 53 N. Y. Supp. 351. Assuming that the defendants did not discover plaintiff’s nonresidence until the trial on March 16, 1903, no excuse is even sug*18gested for delaying the application for security until the middle of…
2Cases cited3 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Segal v. CauldwellAppellate Division of the Supreme Court of the State of New York · 1897
- Segal v. CauldwellAppellate Division of the Supreme Court of the State of New York · 1897