OLIVA v. D'AMATO


198 Misc. 841 (1950)

Sarah Oliva, as Administratrix of The Estate of Rasaria Oliva, Deceased, Plaintiff, v. Antonietta D'Amato et al., Defendants.

Supreme Court, Special Term, Queens County.

October 2, 1950.


Attorney(s) appearing for the Case

S. Leighton Frooks for plaintiff.

Jerome Kern for Antonietta D'Amato, defendant.


COLDEN, J.

This is a motion to vacate an ex parte order dated August 17, 1950, which required the plaintiff to post security for costs.

Plaintiff, a nonresident, was appointed by a Surrogate's Court of this State to act as administratrix of the estate of a nonresident decedent. So much of the estate as is the subject of this suit is situated in this county. The question is whether, simply because the plaintiff as an individual resides without...

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