Meccia v. Gray , 254 A.D. 602 ( 1938 )

— Appeal from an order setting aside an ex parte order directing the plaintiff to give security for costs. The order appealed from is affirmed on the ground that the application for the order for costs was prematurely made; no action was pending between the parties at the time the motion for security of costs was made. Order affirmed, with ten dollars costs and disbursements. Hill, P. J., MeNamee, Crapser and Heffernan, JJ., concur; Bliss, J., taking no part.