Schreier v. Hogan

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1902

Appellate Division of the Supreme Court of the State of New York · decided 1902-03-15

Appeal by the defendant, William F. Hogan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of January, 1902, vacating an order theretofore entered in the action requiring the plaintiff to give security for costs.

Decided 1902-03-15

Per Curiam:

¶1- The order requiring security for costs was properly vacated. Section 3268 of the Code of Civil Procedure does not apply to an action by a trustee in bankruptcy to set aside transfers made by the bankrupt. This precise question was determined by this court in Rielly v. Rosenberg (57 App. Div. 408), and, therefore, upon that authority, the order here appealed from must be affirmed, with ten dollars costs and disbursements.

¶2Present — Van Brunt, P. J., Ingraham, McLaughlin, Hatch and Laughlin, JJ.

¶3Order affirmed, with ten dollars costs and disbursements.