Section 2506. Exception to surety; allowance where no exception taken  


Latest version.
  • (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.