August 7, 2009

Motion practice.

Practice point: In an action brought by an out-of-state resident, defendant may move for an order directing plaintiff to post security during the pendency of the action so that defendant, if successful, will be able to collect its costs, pursuant to CPLR 8501[a].

Practitioners should note that, in counties outside of the City of New York, the statutory amount is $250, pursuant to CPLR 8503.

Case: Halloway v. KRNH, Inc., NY Slip Op 06003 (2d Dept. 2009)

The opinion is here.

Monday’s issue: Contracts.