Full text
Theophile Herzog v. Edward J. H. Tamsen, as Sheriff, Etc., and Louis S. Firetag
O’Dwyer, J.
The right of the appellants to be brought in as parties defendant is absolute, and this being so-, the court cannot require security for costs as a condition for granting such right. Uhlfelder v. Tamsen, 18 Misc. Rep. 173; 40 N. Y. Supp. 372.
It follows that that -part of the order .appealed from should be reversed, with costs. ' 1 1 ; 1 »■' ■ l
Fitzsimons, Oh. J., concurs.
Order reversed, with costs.