PATEL v. 303 FIFTH AVE.


184 Misc.2d 308 (2000)

708 N.Y.S.2d 814

MANOJ K. PATEL, Appellant, v. 303 FIFTH AVENUE INC. et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 20, 2000.


Attorney(s) appearing for the Case

Manoj K. Patel, appellant pro se.

Zraick Nahas & Rich, New York City (Robert Paul Rich of counsel), for respondents.

PARNESS, P. J., McCOOE and GANGEL-JACOB, JJ., concur.


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 statutory costs from the plaintiff, are "unnecessary and inappropriate...

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