BARALAN INT'L v. AVANT INDUS., LTD.


255 A.D.2d 190 (1998)

679 N.Y.S.2d 811

Baralan International, S.P.A., Appellant, v. Avant Industries, Limited, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 17, 1998


The only issue before us is whether CPLR article 85 authorizes the court to render an order directing a plaintiff, already held liable for litigation costs and attorneys' fees, to post security pending an ascertainment of the amount of the award, when judgment has already been entered in the underlying action dismissing the complaint with no appeal taken. We have long recognized a legislative intent that security could not be required after termination of the action (see...

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