First Department,
January, 1915.
The W. A. Ives Manufacturing Company, Appellant, v. Smith & Hemenway Company, Respondent. (Action No. 2.)
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 25th day of November, 1914, directing the plaintiff to give security for costs.
[MAJORITY — Per Curiam:]
Per Curiam:
As the defendant answered before it made its motion to compel the plaintiff to give security for costs, its right to require such security was waived. The order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.