Mieteika v. Minderman

On or about January 6, 1922, an order was entered in this action requiring the plaintiff to give security for costs on the ground that plaintiff was a non-resident of Bronx county. Thereafter, in compliance with the order, an undertaking was approved by this court and filed. Plaintiff has since moved into the county of Bronx and now seeks to vacate and set aside the order requiring him to file security for costs.

Section 1522 of the Civil Practice Act provides as follows:

“ The defendant in an action brought in a court of record may require security for costs to be given:

“ A. Where the…