Herzog v. Tamsen

The right of the appellants to be brought in as parties defendant is absolute, and this being so-, the court cannot require security for costs as a condition for granting such right. Uhlfelder v. Tamsen, 18 Misc. Rep. 173; 40 N. Y. Supp. 372.

It follows that that -part of the order .appealed from should be reversed, with costs. ' 1 1 ; 1 »■' ■ l

Fitzsimons, Oh. J., concurs.

Order reversed, with costs.