§ 2507 — Justification of surety

New York § 2507

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 25: Undertakings

Text

§ 2507. Justification of surety. (a) Motion to justify. Within ten\ndays after service of notice of exception, the surety excepted to or the\nperson upon whose behalf the undertaking was given shall move to\njustify, upon notice to the adverse party and to the sheriff if he was\nserved with the undertaking. The surety shall be present upon the\nhearing of such motion to be examined under oath. If the court find the\nsurety sufficient, it shall make an appropriate indorsement on the\nundertaking. A certificate of qualification issued pursuant to\nsubsections (b), (c) and (d) of section one thousand one hundred eleven\nof the insurance law shall be accepted in lieu of a justification.\n (b) Failure to justify. If a motion to justify is not made within ten\ndays after the notice of exception is served, the undertaking shall then\nbe without effect, except as provided in this subdivision. Unless\notherwise provided by order of court, a surety on an undertaking\nexcepted to and not justified shall remain liable until a new\nundertaking is given and allowed, but the original undertaking shall be\notherwise without effect.\n