2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 25 - (2501 - 2513) UNDERTAKINGS
2502 - Surety; form of affidavit; two or more undertakings; condition; acknowledgment.


NY CPLR § 2502 (2012) What's This?
 
    §   2502.  Surety;  form  of  affidavit;  two  or  more  undertakings;
  condition; acknowledgment. (a) Surety; form  of  affidavit.  Unless  the
  court orders otherwise, surety shall be:
    1.  an  insurance company authorized to execute the undertaking within
  the state, or
    2. a natural person, except an attorney, who shall  execute  with  the
  undertaking  his  affidavit  setting forth his full name and address and
  that he is domiciled within the state and  worth  at  least  the  amount
  specified  in  the  undertaking exclusive of liabilities and of property
  exempt from application to the satisfaction of a judgment.
    (b) Two or more undertakings.  Where  two  or  more  undertakings  are
  authorized  or  required  to be given, they may be contained in the same
  instrument.
    (c) Condition. Where no condition is specified in an undertaking in an
  action or proceeding, the condition shall be that  the  principal  shall
  faithfully  and  fairly discharge the duties and fulfill the obligations
  imposed by law, or court order. Where the condition specifies  that  the
  undertaking is to be void upon payment of an amount or performance of an
  act,   the  undertaking  shall  be  construed  in  accordance  with  the
  provisions of section 7-301 of the general obligations law.
    (d) Acknowledgment. The undertaking shall be acknowledged in the  form
  required to entitle a deed to be recorded.

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