Until security for costs is given pursuant to the order of the court, all proceedings other than to review or vacate such order shall be stayed. If the plaintiff shall not have given security for costs at the expiration of thirty days from the date of the order, the court may dismiss the complaint upon motion by the defendant, and award costs in his favor.
§ 8502.Stay and dismissal on failure to give security.
Article 85. Security for Costs · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 8502 stays the action once security for costs has been ordered and lets the defendant move to dismiss the complaint, with costs, if the plaintiff has not posted the security within thirty days.
Full Text of CPLR 8502
Plain-English Summary
CPLR 8502 spells out the consequences of an order for security for costs under CPLR 8501. Once the court orders security, all proceedings in the action are stayed until the security is given, with one exception: proceedings to review or vacate the security order itself are not stayed, so the plaintiff can still contest the order while it is pending.
The stay does not last indefinitely. If the plaintiff has not given the required security within thirty days from the date of the order, the defendant may move to dismiss the complaint. If the court grants that motion, it also awards costs in the defendant's favor.
Frequently Asked Questions
What happens to the case once a court orders security for costs?
All proceedings are stayed until the security is given, except proceedings to review or vacate the security order itself.
Can the plaintiff keep contesting the security order while the stay is in effect?
Yes. CPLR 8502 exempts proceedings to review or vacate the order from the stay.
How long does the plaintiff have to post the security before facing dismissal?
Thirty days from the date of the order.
What can the defendant do once the thirty days have passed without security being given?
The defendant may move to dismiss the complaint.
If the complaint is dismissed for failure to give security, does the defendant get anything beyond dismissal?
Yes. The court awards costs in the defendant's favor along with the dismissal.
Does the complaint get dismissed automatically after thirty days?
No. Dismissal requires a motion by the defendant; the statute makes dismissal something the court may do, not something that happens on its own.
Advisory Committee Notes
This section is derived from CPA § 1529 and part of § 1524. The section specifies the time when the stay of the plaintiff’s proceedings provided in CPA § 1524 ends and when the dismissal of the complaint should occur. Similar provisions are in force in other states. Cal Code Civ Proc § 1030; Fla Stat Ann § 58.01 (1943); Idaho Code Ann § 12-116 (1949).
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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