§ 1212-A — Security by authority

New York § 1212-A

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York City Transit Authority
• Art. 5: Public Utility Authorities

Text

§ 1212-a. Security by authority. 1. Each provision of statute or rule\nrequiring a party to give security for the purpose of procuring an order\nof arrest, an injunction order, or a warrant of attachment, or as a\ncondition of obtaining any other relief, or taking any proceeding; or\nallowing the court or a judge to require such security to be given, is\nto be construed as excluding an action brought by the authority; except\nwhere the security to be given in such an action is specially regulated\nby the provision in question.\n 2. In any action in which the authority shall be excused by statute\nfrom giving security on procuring an order of arrest, an order of\ninjunction or a warrant of attachment, the authority shall be liable for\nall damages that may be sustained by the opposite party by reason of\nsuch order of arrest, attachment or injunction, in the same case and to\nthe same extent as sureties to an undertaking would have been if such an\nundertaking had been given.\n 3. Upon an appeal taken by the authority, the service of the notice of\nappeal perfects the appeal and stays the execution of the judgment or\norder appealed from, without an undertaking or other security.\n