ABRAHAM v. INTERNIST ASSOCIATES OF CENTRAL NEW YORK (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

Sandra B. ABRAHAM, Plaintiff-Respondent, v. INTERNIST ASSOCIATES OF CENTRAL NEW YORK, P.C., Caroline Keib, M.D., Ray T. Forbes, M.D., Defendants-Appellants, et al., Defendant.

Decided: October 03, 2008

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, FAHEY, AND GORSKI, JJ.

Martin, Ganotis, Brown, Mould & Currie, P.C., De Witt (Brian M. Gargano of Counsel), for Defendants-Appellants. Powers & Santola, LLP, Albany (Michael J. Hutter of Counsel), for Plaintiff-Respondent.

Supreme Court erred in denying the motion of defendants-appellants (defendants) seeking to require plaintiff, who does not reside in New York State, to provide security for costs pursuant to CPLR 8501(a) (see Garrett v. Community Gen. Hosp. of Greater Syracuse, 288 A.D.2d 928, 732 N.Y.S.2d 604). Defendants neither requested nor set forth justification for security in excess of the statutory amount of $250 (see CPLR 8503). We therefore fix the amount of the undertaking at $250 (see Harper-Malone Co. v. Reynolds & Co., 20 A.D.2d 521, 244 N.Y.S.2d 460).

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and plaintiff is required to provide security for costs by filing an undertaking in the amount of $250 and serving a copy thereof.

MEMORANDUM:

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