The defendant moved for an order for security for costs against the plaintiff in a construction lien action.
The defendant established a prima facie case that the plaintiff corporation lacked assets.
However, the court found that the plaintiff's principals were 'asset rich and cash poor' due to inaccessible equity in their home, establishing financial hardship.
Because the plaintiff demonstrated a real possibility of success on the merits of its claim, the court held that ordering security for costs would be unjust and dismissed the motion.
