Tropeano v. Grimaldi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Grimaldi andanothér, from an order of the County Court of Westchester county, entered in the office of the clerk of said county on the 31st day of December, 1915, setting aside a prior order entered in said clerk’s office on the 11th day of November, 1915, which prior order required the guardian ad litem to give security for costs.
1Opinion of the Court
Thomas, J.:
The action is for assault and battery upon the infant, whose guardian ad litem, his father, was required to give security for costs. Section 459 of the Code of Civil Procedure treats of a person suing as a poor person, and section 469 relates to the appointment of a guardian, “for the purpose of the action,” of an infant plaintiff who by section 468 is declared “entitled to maintain an action,” where he has a right of action. As section 3268 no longer enables the defendant to “require security for costs,” from the guardian of an infant plaintiff, the question remains whether the…
2Cases cited2 opinions
- County of Orange v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1904
- Crossett v. DeanNew York Supreme Court · 1910
3Cited by3 opinions
- McGovern v. New York Telephone Co.New York Supreme Court · 1917
- Backerman v. CoccolaAppellate Division of the Supreme Court of the State of New York · 1919
- Blumenthal v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1916