N.Y. CPLR § 2506

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2506 Exception to surety; allowance where no exception taken § 2506. Exception to surety; allowance where no exception taken. (a)Exception to surety. If a certificate of qualification issued pursuantto subsections (b), (c) and (d) of section one thousand one hundredeleven of the insurance law is not filed with the undertaking, a partymay except to the sufficiency of a surety by a written notice ofexception served upon the adverse party within ten days after receipt ofa copy of the undertaking. Where the undertaking has been served upon aparty by the sheriff, the notice of exception shall be served on thesheriff and on the adverse party. Exceptions deemed by the court tohave been taken unnecessarily, or for vexation or delay, may, uponnotice, be set aside, with costs.(b) Allowance where no exception taken. Where no exception to suretiesis taken within ten days or where exceptions taken are set aside theundertaking is allowed.