§ 8503.Undertaking.
Article 85. Security for Costs · Last amended 1972 · Last verified July 21, 2026
Full Text of CPLR 8503
Plain-English Summary
CPLR 8503 fixes the form and the floor amount of security for costs ordered under CPLR 8501. The security must be given by an undertaking, in an amount of five hundred dollars in counties within the city of New York, and two hundred fifty dollars in all other counties.
The court is not limited to these floor amounts. It may fix a greater amount when circumstances call for it. Whatever the amount, the undertaking exists to guarantee one thing: that the plaintiff will pay all legal costs awarded to the defendant. If the plaintiff never posts this undertaking, CPLR 8502 governs the consequences, from a stay of the action to dismissal after thirty days.
Frequently Asked Questions
What form must security for costs take under CPLR 8503?
An undertaking.
How much is the undertaking in counties within New York City?
Five hundred dollars.
How much is the undertaking in counties outside New York City?
Two hundred fifty dollars.
Can a court require an undertaking larger than these amounts?
Yes. CPLR 8503 allows the court to fix a greater amount than the five-hundred or two-hundred-fifty dollar figures.
What does the undertaking guarantee?
That the plaintiff will pay all legal costs awarded to the defendant.
What happens if the plaintiff never posts the undertaking CPLR 8503 requires?
CPLR 8502 stays the proceedings and allows the court, on the defendant's motion, to dismiss the complaint and award costs to the defendant if the security is not given within thirty days of the order.
Advisory Committee Notes
This section is derived from CPA § 1525 and part of § 1524. Details of giving undertakings in CPA § 1525 are covered in § 2501. CPA §§ 1526 and 1527 are covered by §§ 2506 and 2507; CPA § 1528 is covered by § 2508.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1972, ch 734, § 8; L 1972, ch 735, § 6, eff July 1, 1972.