HALLOWAY v. KRNH, INC.


64 A.D.3d 751 (2009)

882 N.Y.S.2d 652

HELEN HALLOWAY, as Administratrix of Estate of ROBERT MOSES, Deceased, Appellant, v. KRNH, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 28, 2009.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the plaintiff is directed to post security for costs in the sum of $250.

When a plaintiff is an out-of-state resident, a defendant may move for an order directing the plaintiff to post security for costs during the pendency of the action so that the defendant, if successful, will be able to collect its costs (see CPLR 8501 [a]; McLaughlin...

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