US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§  2507.  Justification  of  surety. (a) Motion to justify. Within ten
days after service of notice of exception, the surety excepted to or the
person upon whose  behalf  the  undertaking  was  given  shall  move  to
justify,  upon  notice to the adverse party and to the sheriff if he was
served with the undertaking.  The  surety  shall  be  present  upon  the
hearing  of such motion to be examined under oath. If the court find the
surety sufficient, it shall  make  an  appropriate  indorsement  on  the
undertaking.   A   certificate   of  qualification  issued  pursuant  to
subsections (b), (c) and (d) of section one thousand one hundred  eleven
of the insurance law shall be accepted in lieu of a justification.

(b) Failure to justify. If a motion to justify is not made within ten days after the notice of exception is served, the undertaking shall then be without effect, except as provided in this subdivision. Unless otherwise provided by order of court, a surety on an undertaking excepted to and not justified shall remain liable until a new undertaking is given and allowed, but the original undertaking shall be otherwise without effect.