Green v. Roosevelt Hotel, Inc.

This is a motion to compel plaintiff to provide security for costs in this action (Index No. 10657 —1963). It is not contested that the plaintiff is a resident of Milwaukee, *178Wisconsin, and is thus subject to the provisions of CPLR 8501 (subd. [a]) (security for costs as of right). The sole opposition hereon is based upon the failure of the defendants to move for the instant relief before this date. Under the earlier provisions, the right to security for costs was deemed waived when the defendant’s motion was untimely. (Stevenson v. New York, Lake Erie & Western R. R. Co., 49 Hun 169 [1888]).…