Section 3963. Remedies of bondholders  


Latest version.
  • Subject  to  any  resolution  or
      resolutions adopted pursuant to paragraph  (f)  of  subdivision  six  of
      section  thirty-nine  hundred  sixty-two  of this title: 1. In the event
      that the authority shall default in  the  payment  of  principal  of  or
      interest  on  any  issue  of bonds, notes or other obligations after the
      same shall become due, whether at maturity or upon call for  redemption,
      and  such  default  shall continue for a period of thirty days, or shall
      default in any agreement made with the holders of any  issue  of  bonds,
      notes,  or  other  obligations,  the holders of at least twenty-five per
      centum in aggregate principal  amount  of  the  bonds,  notes  or  other
      obligations of such issue then outstanding, by instrument or instruments
      filed  in  the  office  of  the  clerk  of  the  county  and  proved  or
      acknowledged in the same manner as a deed to be recorded, may appoint  a
      trustee  to  represent  the  holders  of  such  bonds,  notes  or  other
      obligations for the purpose provided in this section.
        2. Such trustee may, and upon written request of  the  holders  of  at
      least twenty-five per centum in principal amount of such bonds, notes or
      other  obligations outstanding shall, in his or her or its own name: (a)
      by action or proceeding in accordance with the civil  practice  law  and
      rules,  enforce  all rights of the holders of such bonds, notes or other
      obligations and require the authority to carry out any other  agreements
      with  the  holders  of  such  bonds,  notes  or other obligations and to
      perform its duties under this title; (b) bring an action  or  proceeding
      upon   such  bonds,  notes  or  other  obligations;  (c)  by  action  or
      proceeding, require the authority to account as if it were  the  trustee
      of  an  express  trust  for  the  holder  of  such bonds, notes or other
      obligations; and (d) by action or proceeding, enjoin any acts or  things
      which  may  be  unlawful or in violation of the rights of the holders of
      such bonds, notes or other obligations.
        3. Such trustee shall, in addition to the provisions  of  subdivisions
      one  and  two  of  this  section,  have  and  possess  all of the powers
      necessary or appropriate for the exercise of any functions  specifically
      set  forth  in this section or incident to the general representation of
      holders of bonds, notes or other  obligations  in  the  enforcement  and
      protection of their rights.
        4.  The  supreme  court  of  the county shall have jurisdiction of any
      action or proceeding by the trustee on behalf of such holders of  bonds,
      notes or other obligations.