Thater v. Margrey

Plaintiff, a resident of New York State, sued defendant, a resident of the State of Maine, for personal injuries, by serving a summons and complaint upon our Secretary of State pursuant to section 52 of the Vehicle and Traffic Law. Defendant procured an ex parte order, pursuant to section 53 of said law, requiring plaintiff to give security for costs, which order stayed proceedings on behalf of plaintiff until the security should be given. Plaintiff neglected to give the security and defendant moved for a dismissal of the complaint because of such neglect. (Civ. Prac. Act, § 1529.) Plaintiff…