Legal Opinion

Clement v. Durban

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 2016No. 2014-01789PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Dickerson, J.

Introduction

This appeal raises a constitutional issue of first impression in the appellate courts. CPLR 8501 (a) and 8503 require nonresident plaintiffs maintaining lawsuits in New York courts to post security for the costs for which they would be liable if their lawsuits were unsuccessful. On this appeal, we are asked to determine whether this requirement violates the Privileges and Immunities Clause of the United States Constitution (US Const, art IV, § 2). We hold that the statutes, insofar as they are challenged, do not deprive nonresident plaintiffs of…

2Cases cited22 opinions

  1. United States v. MorrisonSupreme Court of the United States · 2000
  2. Toomer v. WitsellSupreme Court of the United States · 1948
  3. McBurney v. YoungSupreme Court of the United States · 2013
  4. Baldwin v. Fish and Game Comm'n of Mont.Supreme Court of the United States · 1978
  5. Supreme Court of NH v. PiperSupreme Court of the United States · 1985

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3Cited by6 opinions

  1. Clement v. DurbanNew York Court of Appeals · 2018
  2. Makmudova v. CohenAppellate Division of the Supreme Court of the State of New York · 2023
  3. Berliner v. ScherzerAppellate Division of the Supreme Court of the State of New York · 2025
  4. County Acquisitions, LLC v. CruzAppellate Division of the Supreme Court of the State of New York · 2025
  5. County Acquisitions, LLC v. LanserAppellate Division of the Supreme Court of the State of New York · 2025

1 more not listed; retrieve them via the Exa API.

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