Amdur v. Meyer

Eager, J. (dissenting).

We dissent, and would reverse the order appealed from and deny the motion requiring the plaintiffs to furnish security pursuant to the provisions of section 61-b of the General Corporation Law. The right to require security for the costs of an action is regarded as wholly statutory. “ [A]uthority therefor must be found in the statute, or it does not exist.” (Republic of Honduras v. Soto, 112 N. Y. 310, 313. *575Also Turmelle v. Jefferson, 166 Misc. 70.) “ [T]here is no discretionary power in the court to act beyond the provisions of the statute but rather it is the duty of…