John Deere Co. of Baltimore v. Cerone Equipment Co

In John Deere Co. of Baltimore v. Cerone Equipment Co. (33 AD2d 257 [3rd Dept], affd 27 NY2d 926 [1970]), the Appellate Division awarded the appellant its costs in posting a security bond that was required, by CPLR 7102, in order to regain possession of equipment supplied to the respondent. The Appellate Division determined that the award was justified because the appellant had been required to provide the undertaking in order to regain possession; the appellant's right to possession of the equipment was "unquestionable;" the respondent had "interposed no defense that could be denominated in the slightest as meritorious;" and the respondent had prevented peaceful repossession of the equipment and had rejected an opportunity to satisfy his obligation by paying over the amount due (id. At 258).