Appellate Terms of the Supreme Court of New York, 1938

Turmelle v. Jefferson

Appellate Terms of the Supreme Court of New York · Decided January 14, 1938

166 Misc. 70; 2 N.Y.S.2d 30; 1938 N.Y. Misc. LEXIS 1251

Counsel

L. Chester Glaser, for the appellant., Erwin Kahn, for the respondent.

Opinion of the Court

Per Curiam.

The authority and power of a court of record to require a party to give security for costs is purely statutory and must be found in the statute or it does not exist. There is no provision in the Civil Practice Act or Municipal Court Code whereby *71a non-resident defendant who has set up a counterclaim in his answer can be compelled to give security for costs.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Hammer and Frankenthaler, JJ.

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