The plaintiff, Giuseppe Lisozzi, brought a motion seeking a full accounting of the defendant Montana Holdings Limited's Power of Sale transaction, including documentary proof for claimed deductions and expenses, and payment of proper residual funds.
Montana consented to the accounting but brought a cross-motion for security for costs, arguing the plaintiff was impecunious and the action frivolous.
The court granted the plaintiff's motion for an accounting, finding that the plaintiff was entitled to a significant sum and was not impecunious.
The court dismissed the defendant's cross-motion for security for costs, ruling that imposing security for costs was not a reasonable term or condition for granting the accounting order, as the accounting request was not directly related to the plaintiff's claim of an improvident sale and the plaintiff had no improper motive.