Spingarn v. National Surety Co. , 131 N.Y.S. 712 ( 1911 )

PER CURIAM.

That portion of the order appealed from by the defendant relieved the plaintiff herein from giving security for costs in the action, pending an appeal to this court by him from an order opening the defendant’s default. See appeal in order No. 11.^† As we have affirmed that order, the order in this appeal is no longer operative, and we therefore need not determine as to its prior validity. Appeal dismissed, without costs or disbursements.

† Affirmed without opinion.