FRIEDMAN v. ACKERMAN


5 A.D.2d 879 (1958)

Michael Friedman, as Trustee in Bankruptcy for The Estate of Cecil D. Morash, Respondent, v. Nathan Ackerman, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1958


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...

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