PATEL v. 303 FIFTH AVENUE INC

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Supreme Court, Appellate Term, New York.

Manoj K. PATEL, Appellant, v. 303 FIFTH AVENUE INC. et al., Respondents.

Decided: April 20, 2000

Present:  Hon. STANLEY PARNESS, P.J., Hon. WILLIAM P. McCOOE, Hon. PHYLLIS GANGEL-JACOB, Justices. Manoj K. Patel, appellant pro se. Zraick Nahas & Rich, New York City (Robert Paul Rich of counsel), for respondents.

Order dated September 7, 1999 (Lucy Billings, J.) reversed, without costs, the direction that plaintiff post security for costs is vacated, and the matter restored to the Small Claims Trial Calendar.

The security for costs provisions of CPLR 8501(a), designed to assure that a prevailing defendant will be able to recover statutory costs from the plaintiff, are “unnecessary and inappropriate” (Meister v. Engine Trans. Corp., 138 Misc.2d 880, 881, 525 N.Y.S.2d 785) in the context of this small claims action since the defendant, if ultimately successful, “would not be entitled to have any costs taxed against (the) plaintiff.”  (See, CCA 1901 [c].)   It was thus error to require plaintiff to post security for costs as a condition of pursuing his small claim.

PER CURIAM.