Feitelson v. Moser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Feitelson, as trustee, 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 1th day of April, 1916, denying his motion to vacate an order entered on the 21th day of March, 1916, requiring him to give security for costs herein.
1Opinion of the Court
Scott, J.:
We are of opinion that the cause of action upon which the plaintiff sues is one which arose before the adjudication in bankruptcy. It was, therefore, a proper case for an ex parte order for security. The order, however, requires such security to be given only to secure one defendant. It should require such security for the' benefit of the defendants, and thus preclude demands for separate security for each defendant. It is the practice in this department to require, in a case like the present, only one undertaking for costs running in favor of all , the defendants. (Leftwick v.…
2Cases cited2 opinions
- Rothchild v. WilsonNew York Supreme Court · 1889
- Leftwick v. ClintonNew York Supreme Court · 1863
3Cited by6 opinions
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- Henderson v. HoppeNew York Supreme Court · 1967
- Zumba v. Build R Us CorpNew York Supreme Court, Kings County · 2025
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