Whether Article 85 is consistent with the Privileges and Immunities Clause despite its discrimination against nonresidents of New York and the material burden it creates on their access to New York's courts

QUESTION PRESENTED The Privileges and Immunities Clause, U.S. Const. art. IV, § 2, cl. 1, guarantees the right of U.S. citizens to access the courts of each of the 50 States, regardless of state residency. N.Y. CPLR Article 85 (N.Y. CPLR §§ 8501-8503) imposes on plaintiffs who are not residents of New York the burden of posting security for costs as a condition precedent to their access to the state courts. It articulates no reason for imposing that requirement and none is apparent. The question presented is: Whether Article 85 is consistent with the Privileges and Immunities Clause despite its discrimination against nonresidents of New York and the material burden it creates on their access to New York’s courts.