N.Y. CPLR § 2507

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2507 Justification of surety § 2507. Justification of surety. (a) Motion to justify. Within tendays after service of notice of exception, the surety excepted to or theperson upon whose behalf the undertaking was given shall move tojustify, upon notice to the adverse party and to the sheriff if he wasserved with the undertaking. The surety shall be present upon thehearing of such motion to be examined under oath. If the court find thesurety sufficient, it shall make an appropriate indorsement on theundertaking. A certificate of qualification issued pursuant tosubsections (b), (c) and (d) of section one thousand one hundred elevenof the insurance law shall be accepted in lieu of a justification.(b) Failure to justify. If a motion to justify is not made within tendays after the notice of exception is served, the undertaking shall thenbe without effect, except as provided in this subdivision. Unlessotherwise provided by order of court, a surety on an undertakingexcepted to and not justified shall remain liable until a newundertaking is given and allowed, but the original undertaking shall beotherwise without effect.