(b) Failure to justify. If a motion to justify is not made within ten
days after the notice of exception is served, the undertaking shall then
be without effect, except as provided in this subdivision. Unless
otherwise provided by order of court, a surety on an undertaking
excepted to and not justified shall remain liable until a new
undertaking is given and allowed, but the original undertaking shall be
otherwise without effect.
Structure New York Laws
CVP - Civil Practice Law and Rules
2501 - Undertaking; Definition.
2502 - Surety; Form of Affidavit; Two or More Undertakings; Condition; Acknowledgment.
2503 - Undertaking of More Than One Thousand Dollars; Real Property; Lien.
2504 - Waiver of Undertaking; Removal and Change of Parties.
2505 - Filing of Undertaking; Service Upon Adverse Party; Time When Effective.
2506 - Exception to Surety; Allowance Where No Exception Taken.
2507 - Justification of Surety.
2508 - Motion for New or Additional Undertaking.
2509 - Control of Assets by Agreement With Surety.
2510 - Discharge of Surety on the Undertaking of a Fiduciary.
2512 - Undertaking by the State, Municipal Corporation or Public Officer.
2513 - Action on Undertaking to a Public Officer, Board or Municipal Corporation.