Section 1335 of the Corporations Law applies to appellate proceedings, with 'plaintiff' construed broadly to include an appellant. Part 51 rule 16 and Part 53 of the Supreme Court Rules can be read together so that Part 53 broadens the jurisdiction to order security even absent special circumstances. However, the Court of Appeal will not normally exercise jurisdiction to order security for costs already incurred in the court below; the appropriate course is to have costs assessed and apply to the trial judge.
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