Opinion
January, 1929.
Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In view of the expenses incurred and to be incurred by defendants, they were entitled to be secured by the additional undertaking applied for. (See Ives v. Ellis, 35 Misc. 333; affd., 67 App. Div. 619; Balinsky v. Gross, 72 Misc. 7.) Lazansky, P.J., Young, Seeger, Carswell and Scudder, JJ., concur.