Clement v. Durban

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The Court of Appeals affirmed the decision of the Appellate Division affirming the judgment of Supreme Court granting Defendants' motion to compel Plaintiff to post a minimum of $500 security in this personal injury action, holding that N.Y. C.P.L.R. 8501(a) and 8503 do not violate the Privileges and Immunities Clause set forth in article IV, section 2 of the United States Constitution by depriving noncitizens of New York reasonable and adequate access to New York courts. At issue in this personal injury action was New York’s longstanding security for costs provisions that treat resident and nonresident litigants differently. Plaintiff was a New York resident when she commenced this action, but after she relocated to Georgia, Defendants moved, pursuant to sections 8501(a) and 8503, for an order compelling Plaintiff to post a minimum of $500 security for costs in the event she lost the case. Supreme Court granted Defendants’ motion, concluding that the statutes do not bar access to the courts. The Appellate Division affirmed. The Court of Appeals affirmed, holding that sections 8501(a) and 8503 do not unduly burden nonresidents’ fundamental right to access the courts because nonresidents are provided reasonable and adequate access to the New York courts. View "Clement v. Durban" on Justia Law