New York Civil Practice Law & Rules Article 25 - UNDERTAKINGS

• 2501 - Undertaking; Definition.
  Undertaking includes 1. Any obligation, whether or not the principal is a party thereto, which contains a covenant by a surety to pay the required...
• 2502 - Surety; Form of Affidavit; Two or More Undertakings; Condition; Acknowledgment.
  (a) Surety; form of affidavit. Unless the court orders otherwise, surety shall be: 1. an insurance company authorized to execute the undertaking within the state,...
• 2503 - Undertaking of More Than One Thousand Dollars; Real Property; Lien.
  (a) Creation of lien. Unless the court orders otherwise, an undertaking in an amount of more than one thousand dollars, which is not a deposit...
• 2504 - Waiver of Undertaking; Removal and Change of Parties.
  (a) Waiver of undertaking. Unless the court orders otherwise, an undertaking may be waived by the written consent of all parties. (b) Removal and change...
• 2505 - Filing of Undertaking; Service Upon Adverse Party; Time When Effective.
  An undertaking together with any affidavit required by this article shall be filed with the clerk of the court in which the action is triable,...
• 2506 - Exception to Surety; Allowance Where No Exception Taken.
  (a) Exception to surety. If a certificate of qualification issued pursuant to subsections (b), (c) and (d) of section one thousand one hundred eleven of...
• 2507 - Justification of Surety.
  (a) Motion to justify. Within ten days after service of notice of exception, the surety excepted to or the person upon whose behalf the undertaking...
• 2508 - Motion for New or Additional Undertaking.
  Upon motion of any interested person, upon notice to the parties and surety, and to the sheriff, where he was required to be served with...
• 2509 - Control of Assets by Agreement With Surety.
  Any person of whom an undertaking is required may agree with his surety for the deposit of any assets for which his surety may be...
• 2510 - Discharge of Surety on the Undertaking of a Fiduciary.
  (a) Motion; new undertaking; accounting. Surety on the undertaking of any fiduciary may move with notice to the person upon whose behalf the undertaking was...
• 2511 - Liability of Surety.
  Where two or more persons are surety on an undertaking in an action or proceeding, they shall be jointly and severally liable. The amount recoverable...
• 2512 - Undertaking by the State, Municipal Corporation or Public Officer.
  1. Any provision of law authorizing or requiring an undertaking to be given by a party shall be construed as excluding the state, a domestic...
• 2513 - Action on Undertaking to a Public Officer, Board or Municipal Corporation.
  A person for whose benefit an undertaking has been given to a public officer, board or municipal corporation of the state may move, on notice...

Last modified: February 3, 2019