New York Surrogate's Court Procedure Act Code § 2303

Security for costs 1
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§ 2303. Security for costs\n   1. In any proceeding in which an issue is raised by answer or\nobjection by or on behalf of a non-domiciliary against the proponent of\na will or a fiduciary or where the probate of a will has been tried\nbefore a jury which has disagreed, the court may require the person or\npersons raising such issue to give security for costs upon motion made\nby the proponent or fiduciary.\n  2. Security for costs may be required from any non-domiciliary who is\nthe petitioner in any proceeding, provided the court finds that security\nis necessary for the protection of the estate.\n  3. If any party fails to comply with an order requiring him to give\nsecurity for costs the court, upon the application of any interested\nparty who might resort to the security if furnished, may make an order\nor decree dismissing the objections, answer or petition of the party in\ndefault.\n

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