N.Y. Real Property Actions & Proceedings Law § 1064
Appeal not to stay execution if undertaking is given
New York · New York Real Property Actions & Proceedings Law · Status: effective · Effective 2014-09-22
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- N.Y. Real Property Actions & Proceedings Law § 1064, Appeal not to stay execution if undertaking is given, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1127010
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Full text
§ 1064. Appeal not to stay execution if undertaking is given. An
appeal from a final judgment awarding to the plaintiff possession of the
part admeasured and laid off to her does not stay the execution thereof
unless the court, or a judge thereof, grants an order directing such a
stay. Such an order shall not be granted if an undertaking is given on
the part of the respondent, with one or more sureties approved by the
court, or a judge thereof, to the effect that, if the judgment appealed
from is reversed or modified, and restitution is awarded, she will pay
to the person entitled thereto the value of the use and occupation of
the part so admeasured and laid off to her, or of the portion
restitution of which is awarded, during the time she holds possession
thereof, by virtue of the judgment.