The defendants brought a motion for security for costs and to discharge two certificates of pending litigation (CPLs) registered against their property by the plaintiff corporation.
The plaintiff had commenced an action for specific performance of an agreement of purchase and sale.
The court granted the motion for security for costs, finding the plaintiff had insufficient assets to satisfy a potential costs award, and ordered $25,000 to be posted.
The court declined to discharge the primary CPL, finding the plaintiff had a legitimate interest in the unique property and that damages would be difficult to quantify, though a second erroneously registered CPL was discharged on consent.
