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This entry was published on 2014-09-22
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Undertaking by the state, municipal corporation or public officer
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 25
§ 2512. Undertaking by the state, municipal corporation or public
officer. 1. Any provision of law authorizing or requiring an undertaking
to be given by a party shall be construed as excluding the state, a
domestic municipal corporation or a public officer in behalf of the
state or of such a corporation. Such parties shall, however, be liable
for damages as provided in such provision of law in an amount not
exceeding an amount which shall be fixed by the court whenever it would
require an undertaking of a private party.

2. Where an appeal is taken by any such party, only the court to which
the appeal is taken may fix the amount which shall limit the liability
for damages pursuant to this section.