ยง 1064. Appeal not to stay execution if undertaking is given. An
appeal from a final judgment awarding to the plaintiff possession of the
part admeasured and laid off to her does not stay the execution thereof
unless the court, or a judge thereof, grants an order directing such a
stay. Such an order shall not be granted if an undertaking is given on
the part of the respondent, with one or more sureties approved by the
court, or a judge thereof, to the effect that, if the judgment appealed
from is reversed or modified, and restitution is awarded, she will pay
to the person entitled thereto the value of the use and occupation of
the part so admeasured and laid off to her, or of the portion
restitution of which is awarded, during the time she holds possession
thereof, by virtue of the judgment.
Structure New York Laws
RPA - Real Property Actions and Proceedings
1001 - Limitation of Action for Dower.
1002 - Action Barred by Assignment of Dower.
1012 - Who May Be Joined as Defendants.
1013 - Actions Where Defendants Claim in Severalty.
1021 - Damages May Be Recovered; How Estimated.
1022 - Damages in Action Against Alienee of Husband.
1023 - Damages Where Several Parcels Are Affected.
1024 - Damages Apportioned Between Heir and Alienee.
1025 - Damages Against Grantee of Premises Subject to Dower.
1041 - Interlocutory Judgment for Admeasurement.
1052 - Fees of Surveyor or Commissioner in Action for Dower.
1062 - Plaintiff May Recover Sum Awarded; Court May Modify Judgment.
1063 - Junior Incumbrances; Not Affected by Admeasurement.
1064 - Appeal Not to Stay Execution if Undertaking Is Given.
1071 - Plaintiff May Consent to Receive a Gross Sum.
1072 - Defendant May Consent to Pay It; Proceedings Thereupon.
1073 - Interlocutory Judgment for Sale.
1074 - Direction That a Part Be Laid Off.
1075 - Liens to Be Ascertained.
1076 - Satisfaction or Protection of Lien.
1077 - Payment of Taxes, Assessments and Water Rates Out of Proceeds.
1079 - Final Judgment Upon Confirming Sale.