2012 New York Consolidated Laws
PBO - Public Officers
Article 2-A - (20 - 28) ACTIONS ON OFFICIAL BONDS OR UNDERTAKINGS
26 - Collection of execution; when a defence to subsequent action.

 
    § 26. Collection of execution; when a defence to subsequent action. It
  is  a  defence  by  a  surety, against whom an action is brought upon an
  official bond or undertaking, that he, or any other surety or  sureties,
  have  been  or will be compelled, for want of sufficient property of the
  public officer to pay, upon one or more judgments recovered against  him
  or  them,  upon  the  same  bond  or  undertaking,  an aggregate amount,
  exclusive of costs, officers' fees, and expenses, equal to the  sum  for
  which  the defendant is liable, by reason of the bond or undertaking. It
  is a partial defence, that the difference between the aggregate  amount,
  so  paid,  or  to  be  paid, and the sum for which the defendant is thus
  liable, is less than the amount of the plaintiff's demand.