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Home » US Law » 2022 New York Laws » Consolidated Laws » GOB - General Obligations » Article 15 - Modification and Discharge of Obligations » Title 7 - Discharge of Surety » 15-701 – Surety Not Discharged by Failure or Refusal by Creditor to Sue Principal Debtor.

§ 15-701. Surety not discharged by failure or refusal by creditor to sue principal debtor. Unless otherwise agreed between the parties in writing, the failure or refusal by a creditor, after a demand by a person bound as surety, to bring an action against a principal debtor upon a contract hereafter made or an obligation hereafter created for the payment of money or the performance of any act shall not discharge such surety.