Herzog v. Tamsen

Decided February 15, 1898

City of New York Municipal Court · decided 1898-02-15

Appeal by Louis S. Firetag and Abraham Firetag from SO' much of an order granting a motion made by them for leave to intervene as parties defendant, as requires them to furnish security for costs.

Decided 1898-02-15

O’Dwyer, J.

¶1The right of the appellants to be brought in as parties defendant is absolute, and this being so-, the court cannot require security for costs as a condition for granting such right. Uhlfelder v. Tamsen, 18 Misc. Rep. 173; 40 N. Y. Supp. 372.

¶2It follows that that -part of the order .appealed from should be reversed, with costs. ' 1 1 ; 1 »■' ■ l

¶3Fitzsimons, Oh. J., concurs.

¶4Order reversed, with costs.