Berkowitz v. Arc Boiler & Welding Co.

Appellate Division of the Supreme Court of New York

Berkowitz v. Arc Boiler & Welding Co.

5 A.D.2d 879, 172 N.Y.S.2d 777, 1958 N.Y. App. Div. LEXIS 6617

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

DecidedMarch 17, 1958

StatusPublished

This text of 5 A.D.2d 879 (Berkowitz v. Arc Boiler & Welding Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berkowitz v. Arc Boiler & Welding Co., 5 A.D.2d 879, 172 N.Y.S.2d 777, 1958 N.Y. App. Div. LEXIS 6617 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover a balance alleged to be due for services rendered, the appeal is from an order denying a motion to require respondent to give security for costs pursuant to sections 1522 and 1524 of the Civil Practice Act. Order reversed, with $10 costs and disbursements, motion granted, and matter remitted to the Special Term for further proceedings not inconsistent herewith. A defendant is entitled to security for costs where, as here, after the commencement of the action, the plaintiff is adjudicated a bankrupt (Civ. Prac. Act, § 1522, subd. B, par. 6). Obviously, the obligation falls on the trustee as successor plaintiff in the action, which remains the same despite the appointment (Van der Stegen v. Neuss, Hesslein & Co., 270 N. Y. 55, 61).

Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover a balance alleged to be due for services rendered, the appeal is from an order denying a motion to require respondent to give security for costs pursuant to sections 1522 and 1524 of the Civil Practice Act. Order reversed, with $10 costs and disbursements, motion granted, and matter remitted to the Special Term for further proceedings not inconsistent herewith. A defendant is entitled to security for costs where, as here, after the commencement of the action, the plaintiff is adjudicated a bankrupt (Civ. Prac. Act, § 1522, subd. B, par. 6). Obviously, the obligation falls on the trustee as successor plaintiff in the action, which remains the same despite the appointment (Van der Stegen v. Neuss, Hesslein & Co., 270 N. Y. 55, 61).

Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

5 A.D.2d 879, 172 N.Y.S.2d 777, 1958 N.Y. App. Div. LEXIS 6617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkowitz-v-arc-boiler-welding-co-nyappdiv-1958.

Opinion

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