New York Supreme Court, 1899

Flynn v. Tinney

Flynn v. Tinney
New York Supreme Court · Decided August 10, 1899 · McAdam
60 N.Y.S. 791 (New York Supplement)

Counsel

Bernard J. Tinney, in pro. per., Norwood & Dilley, opposed.

Flynn v. Tinney

Opinion of the Court

McADAM, J.

Section 3271 of the Code applies to this case. Whenever an executor or administrator is plaintiff, whether resident or nonresident, the application is addressed to the discretion of the court (McDougal v. Gray [Sup.] 4 N. Y. Supp. 74; Hall v. Waterbury, 5 Abb. N. C. 356), and when it appears, as it does here, that the action is brought in good faith, the application for security for costs should be denied (Ryan v. Potter, 4 Civ. Proc. R. 80).

The motion is accordingly denied, with $10 costs to abide event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.