Blumenthal v. Alexander
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Blumenthal, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1916, denying plaintiff’s motion to vacate an order directing him to give security for costs, and also from an order entered in said clerk’s office on the 19th day of February, 1916, denying plaintiff’s motion to resettle the prior order.
1Opinion of the Court
Smith, J.:
This action is brought by a guardian ad litem, a resident of this State, in behalf of an infant plaintiff, a non-resident of the State. By section 3268 of the Code of Civil Procedure it is provided that where the plaintiff resides without the State security for costs may be required by the defendant. By section 469 of the Code of Civil Procedure the guardian ad litem is liable for the costs of the action chargeable against the plaintiff, and is required to be financially responsible therefor, and in Tropeano v. Grimaldi (173 App. Div. 534), it has been held that if the guardian ad…
2Cases cited2 opinions
- Crossett v. DeanNew York Supreme Court · 1910
- Tropeano v. GrimaldiAppellate Division of the Supreme Court of the State of New York · 1916