Sanchez v. City of New York

New York Supreme Court

Sanchez v. City of New York

40 Misc. 2d 181, 242 N.Y.S.2d 674, 1963 N.Y. Misc. LEXIS 1731

CourtNew York Supreme Court

DecidedAugust 7, 1963

StatusPublished

Cited by2 cases

This text of 40 Misc. 2d 181 (Sanchez v. City of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanchez v. City of New York, 40 Misc. 2d 181, 242 N.Y.S.2d 674, 1963 N.Y. Misc. LEXIS 1731 (N.Y. Super. Ct. 1963).

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Opinion

Irwin D. Davidson, J.

Motion originally referred to Hon. Irving H. Saypol is recalled. Plaintiff’s motion to vacate the ex parte order of Justice Saypol which required security for costs be deposited by a nonresident plaintiff is denied. Plaintiff submits an affidavit that he is now a resident of New York. Section 1522 of the Civil Practice Act provides for security for costs where plaintiff, when the action was commenced, was a person residing without the State. The fact that subsequent to the commencement of the action plaintiff becomes a resident of the State does not entitle him to have the order vacated (Mieteika v. Minderman, 118 Misc. 555; Neuman v. New York City Tr. Auth., N. Y. L. J., April 2, 1959, p. 13, col. 7; 23 Carmody-Wait, New York Practice, § 278, p. 321). Plaintiff’s motion is in all respects denied.

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Irwin D. Davidson, J.

Motion originally referred to Hon. Irving H. Saypol is recalled. Plaintiff’s motion to vacate the ex parte order of Justice Saypol which required security for costs be deposited by a nonresident plaintiff is denied. Plaintiff submits an affidavit that he is now a resident of New York. Section 1522 of the Civil Practice Act provides for security for costs where plaintiff, when the action was commenced, was a person residing without the State. The fact that subsequent to the commencement of the action plaintiff becomes a resident of the State does not entitle him to have the order vacated (Mieteika v. Minderman, 118 Misc. 555; Neuman v. New York City Tr. Auth., N. Y. L. J., April 2, 1959, p. 13, col. 7; 23 Carmody-Wait, New York Practice, § 278, p. 321). Plaintiff’s motion is in all respects denied.

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Bluebook (online)

40 Misc. 2d 181, 242 N.Y.S.2d 674, 1963 N.Y. Misc. LEXIS 1731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-city-of-new-york-nysupct-1963.

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