Wendel v. Connor

Appellate Division of the Supreme Court of New York

Wendel v. Connor

220 A.D. 211, 221 N.Y.S. 10, 1927 N.Y. App. Div. LEXIS 9272

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 1927·Published·Cited by 1 cases

Opinion

Per Curiam.

An appearance specially to demand security for costs from a non-resident plaintiff is not a general appearance within section 237 of the Civil Practice Act. That section enumerates the only methods by which appearance may be made.

[212] The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

Present — Dowling, P. J., Merrell, Finch, McAvot and Proskauer, JJ.

Ordered reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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Per Curiam.

An appearance specially to demand security for costs from a non-resident plaintiff is not a general appearance within section 237 of the Civil Practice Act. That section enumerates the only methods by which appearance may be made.

[212] The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

Present — Dowling, P. J., Merrell, Finch, McAvot and Proskauer, JJ.

Ordered reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Wendel v. Connor, 220 A.D. 211, 221 N.Y.S. 10, 1927 N.Y. App. Div. LEXIS 9272 (N.Y. Ct. App. 1927).

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Opinion

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