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This entry was published on 2014-09-22
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Exception to surety; allowance where no exception taken
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 25
§ 2506. Exception to surety; allowance where no exception taken. (a)
Exception to surety. If a certificate of qualification issued pursuant
to subsections (b), (c) and (d) of section one thousand one hundred
eleven of the insurance law is not filed with the undertaking, a party
may except to the sufficiency of a surety by a written notice of
exception served upon the adverse party within ten days after receipt of
a copy of the undertaking. Where the undertaking has been served upon a
party by the sheriff, the notice of exception shall be served on the
sheriff and on the adverse party. Exceptions deemed by the court to
have been taken unnecessarily, or for vexation or delay, may, upon
notice, be set aside, with costs.

(b) Allowance where no exception taken. Where no exception to sureties
is taken within ten days or where exceptions taken are set aside the
undertaking is allowed.