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CLEMENT v. DURBAN

2014-01789, Index No. 8029/11.

147 A.D.3d 39 (2016)

2016 NY Slip Op 08500

43 N.Y.S.3d 515

CHARMAINE CLEMENT, Appellant, v. THOMAS DURBAN et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 21, 2016.

Attorney(s) appearing for the Case

The Berkman Law Office, LLC, Brooklyn (Robert J. Tolchin of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York City (Francis F. Caputo and Andrew John Potak of counsel), for respondents.

BALKIN, J.P., SGROI and MALTESE, JJ., concur.

OPINION OF THE COURT

Introduction

This appeal raises a constitutional issue of first impression in the appellate courts. CPLR 8501 (a) and 8503 require nonresident plaintiffs maintaining lawsuits in New York courts to post security for the costs for which they would be liable if their lawsuits were unsuccessful...

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