Opinion
November 19, 1993
Appeal from the Supreme Court, Genesee County, Morton, J.
Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court abused its discretion in granting petitioner's motion to increase the amount of security to be posted by respondent from $162,500 to $300,000. Absent a showing by petitioner of circumstances requiring an increase in the amount of security, it was an abuse of discretion to grant that motion (see, Congress Talcott Corp. v Pacemakers Trading Corp., 161 A.D.2d 554; Mark IV Homes v Evans Gardens, 57 A.D.2d 701).
Supreme Court also improvidently exercised its discretion in holding respondent in contempt for his failure to comply with the order requiring him to post additional security. Petitioner made no showing that respondent's violation of the order was calculated to or actually did defeat, impair, impede or prejudice petitioner's rights or remedies (see, Judiciary Law § 753 [A] [3]; JC Mfg. Corp. v NPI Elec., 179 A.D.2d 721; City of Poughkeepsie v Hetey, 121 A.D.2d 496, 497; Matter of Planning Bd. v Zoning Bd. of Appeals, 75 A.D.2d 686).