Legislation
SECTION 8501
Security for costs
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 85
§ 8501. Security for costs. (a) As of right. Except where the
plaintiff has been granted permission to proceed as a poor person or is
the petitioner in a habeas corpus proceeding, upon motion by the
defendant without notice, the court or a judge thereof shall order
security for costs to be given by the plaintiffs where none of them is a
domestic corporation, a foreign corporation licensed to do business in
the state or a resident of the state when the motion is made.
(b) In court's discretion. Upon motion by the defendant with notice,
or upon its own initiative, the court may order the plaintiff to give
security for costs in an action by or against an assignee or trustee for
the benefit of creditors, a trustee, a receiver or debtor in possession
in bankruptcy, an official trustee or committee of a person imprisoned
in this state, an executor or administrator, the committee of a person
judicially declared to be incompetent, the conservator of a conservatee,
a guardian ad litem, or a receiver.
plaintiff has been granted permission to proceed as a poor person or is
the petitioner in a habeas corpus proceeding, upon motion by the
defendant without notice, the court or a judge thereof shall order
security for costs to be given by the plaintiffs where none of them is a
domestic corporation, a foreign corporation licensed to do business in
the state or a resident of the state when the motion is made.
(b) In court's discretion. Upon motion by the defendant with notice,
or upon its own initiative, the court may order the plaintiff to give
security for costs in an action by or against an assignee or trustee for
the benefit of creditors, a trustee, a receiver or debtor in possession
in bankruptcy, an official trustee or committee of a person imprisoned
in this state, an executor or administrator, the committee of a person
judicially declared to be incompetent, the conservator of a conservatee,
a guardian ad litem, or a receiver.