Patel v. 303 Fifth Avenue Inc.

Appellate Terms of the Supreme Court of New York

Patel v. 303 Fifth Avenue Inc.

184 Misc. 2d 308, 708 N.Y.S.2d 814, 2000 N.Y. Misc. LEXIS 190

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 20, 2000

StatusPublished

Cited by1 cases

This text of 184 Misc. 2d 308 (Patel v. 303 Fifth Avenue Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Patel v. 303 Fifth Avenue Inc., 184 Misc. 2d 308, 708 N.Y.S.2d 814, 2000 N.Y. Misc. LEXIS 190 (N.Y. Ct. App. 2000).

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Opinion

OPINION OF THE COURT

Per Curiam.

Order dated September 7, 1999 reversed, without costs, the direction that plaintiff post security for costs is vacated, and the matter restored to the Small Claims Trial Calendar.

The security for costs provisions of CPLR 8501 (a), designed to assure that a prevailing defendant will be able to recover [309]*309statutory costs from the plaintiff, are “unnecessary and inappropriate” (Meister v Engine Trans. Corp., 138 Misc 2d 880, 881) in the context of this small claims action since the defendant, if ultimately successful, “would not be entitled to have any costs taxed against [the] plaintiff.” (See, CCA 1901 [c].) It was thus error to require plaintiff to post security for costs as a condition of pursuing his small claim.

Pakness, P. J., McCooe and Gangel-Jacob, JJ., concur.

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OPINION OF THE COURT

Per Curiam.

Order dated September 7, 1999 reversed, without costs, the direction that plaintiff post security for costs is vacated, and the matter restored to the Small Claims Trial Calendar.

The security for costs provisions of CPLR 8501 (a), designed to assure that a prevailing defendant will be able to recover [309]*309statutory costs from the plaintiff, are “unnecessary and inappropriate” (Meister v Engine Trans. Corp., 138 Misc 2d 880, 881) in the context of this small claims action since the defendant, if ultimately successful, “would not be entitled to have any costs taxed against [the] plaintiff.” (See, CCA 1901 [c].) It was thus error to require plaintiff to post security for costs as a condition of pursuing his small claim.

Pakness, P. J., McCooe and Gangel-Jacob, JJ., concur.

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Bluebook (online)

184 Misc. 2d 308, 708 N.Y.S.2d 814, 2000 N.Y. Misc. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patel-v-303-fifth-avenue-inc-nyappterm-2000.

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