Gmaehle v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York county. Action by Charles Gmaehle, administrator of Charles Gmaehle, deceased, against Morris Rosenberg and another. Order denying defendants’ motion for security for costs, and defendants appeal.
1Opinion of the CourtO’Brien, J.
The action is brought to recover the damages sustained by the next of kin by reason of the death of Charles Gmaehle through the alleged negligence of the defendants. The summons and complaint having been served, the defendants moved for security for costs, which motion was denied, and from the order thereupon entered this appeal is taken.
The question of whether, in such an action, the defendant is entitled to security for costs, is one within the sound discretion of the Special Term. In determining, however, whether such discretion has been properly exercised, there are certain…
2Cases cited8 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Krall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by2 opinions
- Clarendon v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
- Crosby v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1903