Michael Friedman, as Trustee in Bankruptcy for the Estate of Cecil D. Morash, Respondent, v. Nathan Ackerman, Appellant

Michael Friedman, as Trustee in Bankruptcy for the Estate of Cecil D. Morash, Respondent, v. Nathan Ackerman, Appellant. [MAJORITY] In an action to recover a balance alleged to be due for services rendered, the appeal is from an order denying a motion to require respondent to give security for costs pursuant to sections 1522 and 1524 of the Civil Practice Act. Order reversed, with $10 costs and disbursements, motion granted, and matter remitted to the Special Term for further proceedings not inconsistent herewith. A defendant is entitled to security for costs where, as here, after the commencement of the action, the plaintiff is adjudicated a bankrupt (Civ. Prac. Act, § 1522, subd. B, par. 6). Obviously, the obligation falls on the trustee as successor plaintiff in the action, which remains the same despite the appointment (Van der Stegen v. Neuss, Hesslein & Co., 270 N. Y. 55, 61). Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.