N.Y. Civil Practice Law & Rules § 8501: Security for costs

§ 8501. Security for costs. (a) As of right. Except where the

plaintiff has been granted permission to proceed as a poor person or is

the petitioner in a habeas corpus proceeding, upon motion by the

defendant without notice, the court or a judge thereof shall order

security for costs to be given by the plaintiffs where none of them is a

domestic corporation, a foreign corporation licensed to do business in

the state or a resident of the state when the motion is made.

(b) In court's discretion. Upon motion by the defendant with notice,

or upon its own initiative, the court may order the plaintiff to give

security for costs in an action by or against an assignee or trustee for

the benefit of creditors, a trustee, a receiver or debtor in possession

in bankruptcy, an official trustee or committee of a person imprisoned

in this state, an executor or administrator, the committee of a person

judicially declared to be incompetent, the conservator of a conservatee,

a guardian ad litem, or a receiver.