State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-9 > 1212-a

§  1212-a. Security by authority. 1. Each provision of statute or rule  requiring a party to give security for the purpose of procuring an order  of arrest, an injunction order, or a warrant  of  attachment,  or  as  a  condition  of  obtaining  any other relief, or taking any proceeding; or  allowing the court or a judge to require such security to be  given,  is  to  be construed as excluding an action brought by the authority; except  where the security to be given in such an action is specially  regulated  by the provision in question.    2.  In  any  action in which the authority shall be excused by statute  from giving security on procuring  an  order  of  arrest,  an  order  of  injunction or a warrant of attachment, the authority shall be liable for  all  damages  that  may  be sustained by the opposite party by reason of  such order of arrest, attachment or injunction, in the same case and  to  the same extent as sureties to an undertaking would have been if such an  undertaking had been given.    3. Upon an appeal taken by the authority, the service of the notice of  appeal  perfects  the  appeal and stays the execution of the judgment or  order appealed from, without an undertaking or other security.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-9 > 1212-a

§  1212-a. Security by authority. 1. Each provision of statute or rule  requiring a party to give security for the purpose of procuring an order  of arrest, an injunction order, or a warrant  of  attachment,  or  as  a  condition  of  obtaining  any other relief, or taking any proceeding; or  allowing the court or a judge to require such security to be  given,  is  to  be construed as excluding an action brought by the authority; except  where the security to be given in such an action is specially  regulated  by the provision in question.    2.  In  any  action in which the authority shall be excused by statute  from giving security on procuring  an  order  of  arrest,  an  order  of  injunction or a warrant of attachment, the authority shall be liable for  all  damages  that  may  be sustained by the opposite party by reason of  such order of arrest, attachment or injunction, in the same case and  to  the same extent as sureties to an undertaking would have been if such an  undertaking had been given.    3. Upon an appeal taken by the authority, the service of the notice of  appeal  perfects  the  appeal and stays the execution of the judgment or  order appealed from, without an undertaking or other security.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-9 > 1212-a

§  1212-a. Security by authority. 1. Each provision of statute or rule  requiring a party to give security for the purpose of procuring an order  of arrest, an injunction order, or a warrant  of  attachment,  or  as  a  condition  of  obtaining  any other relief, or taking any proceeding; or  allowing the court or a judge to require such security to be  given,  is  to  be construed as excluding an action brought by the authority; except  where the security to be given in such an action is specially  regulated  by the provision in question.    2.  In  any  action in which the authority shall be excused by statute  from giving security on procuring  an  order  of  arrest,  an  order  of  injunction or a warrant of attachment, the authority shall be liable for  all  damages  that  may  be sustained by the opposite party by reason of  such order of arrest, attachment or injunction, in the same case and  to  the same extent as sureties to an undertaking would have been if such an  undertaking had been given.    3. Upon an appeal taken by the authority, the service of the notice of  appeal  perfects  the  appeal and stays the execution of the judgment or  order appealed from, without an undertaking or other security.