Meister v. Engine Trans. Corp.

OPINION OF THE COURT

Lewis R Friedman, J.

This case raises several issues concerning costs in small claims proceedings which have not been addressed in the reported cases. Is a defendant entitled to costs if it prevails? May a defendant require the plaintiff to post security for costs?

Defendant moves for security for costs. The facts are undisputed. Plaintiff is a New Jersey resident who had an accident with defendant’s automobile in New York City. Defendant is a New York corporation represented by counsel.

CPLR 8501 (a) provides that "the court or a judge thereof shall order security for costs…