Schreier v. Hogan

Full title: ELI S. SCHREIER, as Trustee of the Estate in Bankruptcy of GEORGE B…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1902

70 App. Div. 2 (N.Y. App. Div. 1902)

74 N.Y.S. 1051

Opinion

March Term, 1902.

George F. Hickey, for the appellant.

Herman H. Oppenheimer, for the respondent.

Present — VAN BRUNT, P.J., INGRAHAM, McLAUGHLIN, HATCH and LAUGHLIN, JJ.

PER CURIAM:

The order requiring security for costs was properly vacated. Section 3268 of the Code of Civil Procedure does not apply to an action by a trustee in bankruptcy to set aside transfers made by the bankrupt. This precise question was determined by this court in Rielly v. Rosenberg ( 57 App. Div. 408), and, therefore, upon that authority, the order here appealed from must be affirmed, with ten dollars costs and disbursements.

PER CURIAM:

Order affirmed, with ten dollars costs and disbursements.