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Fogelson v. Levenson

79 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1903-01-09 English

Decision Majority — PER CURIAM. · Dissent — *1132 VAN BRUNT, P. J.

Contents
p. 1131
FOGELSON, Respondent, v. LEVENSON, Appellant.
(Supreme Court, Appellate Division, First Department.
January 9, 1903.)

Headnote

Action by Dina Fogelson, an infant, by JennieWaldman, her guardian ad litem, ■ against Morris Levenson. From an order denying a motion to set aside an ex parte order, made before institution of the action, allowing plaintiff to sue in forma pauperis, and from an order vacating an order requiring plaintiff to file security for costs, defendant appeals. Affirmed.

Order affirmed, with $10' costs and disbursements.

I dissent upon the ground that the petition is not accompanied by a certificate of a counselor at law to_ the ■efiEect that he has examined the case, and is of the opinion that the applicant has a good cause of action, which is the requirement of section 459 of the Code of Civil Procedure.