New York § 1064 Appeal not to stay execution if undertaking is given

New York Statutes

§ 1064 — Appeal not to stay execution if undertaking is given

New York § 1064

Law RPAReal Property Actions & Proceedings

Art. 10Action For Dower

This text of New York § 1064 (Appeal not to stay execution if undertaking is given) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 1064 (2026).

Text

  § 1064. Appeal not to stay execution if undertaking is given. An\nappeal from a final judgment awarding to the plaintiff possession of the\npart admeasured and laid off to her does not stay the execution thereof\nunless the court, or a judge thereof, grants an order directing such a\nstay. Such an order shall not be granted if an undertaking is given on\nthe part of the respondent, with one or more sureties approved by the\ncourt, or a judge thereof, to the effect that, if the judgment appealed\nfrom is reversed or modified, and restitution is awarded, she will pay\nto the person entitled thereto the value of the use and occupation of\nthe part so admeasured and laid off to her, or of the portion\nrestitution of which is awarded, during the time she holds possession\nthereof, by virtue o

Free access — add to your briefcase to read the full text and ask questions with AI

§ 1064. Appeal not to stay execution if undertaking is given. An\nappeal from a final judgment awarding to the plaintiff possession of the\npart admeasured and laid off to her does not stay the execution thereof\nunless the court, or a judge thereof, grants an order directing such a\nstay. Such an order shall not be granted if an undertaking is given on\nthe part of the respondent, with one or more sureties approved by the\ncourt, or a judge thereof, to the effect that, if the judgment appealed\nfrom is reversed or modified, and restitution is awarded, she will pay\nto the person entitled thereto the value of the use and occupation of\nthe part so admeasured and laid off to her, or of the portion\nrestitution of which is awarded, during the time she holds possession\nthereof, by virtue of the judgment.\n