
    Theophile Herzog, Respondent, v. Edward J. H. Tamsen, as Sheriff, Etc., Respondent, and Louis S. Firetag et al., Appellants.
    Appeal by Louis S. Firetag and Abraham Firetag from SO' much of an order granting a motion made by them for leave to intervene as parties defendant, as requires them to furnish security for costs.
    Aaron Morris, for appellants.
   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.  