Landlord Needn't Post Security for Costs

November 1, 1993

LVT Number: 8293

Landlord sued to evict tenant. The court ordered landlord to post $500 as security for costs. Landlord appealed, claiming this was improper. The appeals court ruled for landlord. Civil Practice Law and Rules, Article 85, requires that plaintiffs post security for costs in certain civil cases. But this doesn't apply to landlord-tenant cases because the Civil Court Act has no provision for awarding costs to tenants.

Landlord sued to evict tenant. The court ordered landlord to post $500 as security for costs. Landlord appealed, claiming this was improper. The appeals court ruled for landlord. Civil Practice Law and Rules, Article 85, requires that plaintiffs post security for costs in certain civil cases. But this doesn't apply to landlord-tenant cases because the Civil Court Act has no provision for awarding costs to tenants.

Fischer v. Perez: NYLJ, p. 23, col. 4 (10/6/93) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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