(a) Waiver of undertaking. Unless the court orders otherwise, an undertaking may be waived by the written consent of all parties.
§ 2504.Waiver of undertaking; removal and change of parties.
Article 25. Undertakings · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2504 allows every party to waive an undertaking by written consent unless the court orders otherwise, and provides that liability on an undertaking already given continues to run in favor of its beneficiary even if the action is removed to another court or the parties change.
Full Text of CPLR 2504
(b) Removal and change of parties. The liability on an undertaking shall remain in effect in favor of the party for whose benefit it was given, notwithstanding a removal of the action or a change of parties.
Plain-English Summary
Not every case needs the expense and delay of posting a bond. CPLR 2504(a) lets all the parties waive an undertaking by written consent, subject to the court ordering otherwise — a practical option when the parties trust each other or agree that security serves no real purpose given the stakes involved.
Subdivision (b) protects the party the undertaking was meant to secure once one has been posted. If the action gets removed to a different court, or the parties to the case change through substitution, death, or some other event, the surety's liability keeps running in favor of whoever the undertaking was given to benefit. Neither development lets a surety walk away from an obligation already made.
Frequently Asked Questions
Can the parties agree to skip posting an undertaking in New York?
Yes. CPLR 2504(a) allows an undertaking to be waived by the written consent of all parties, unless the court orders otherwise.
Does a surety's liability end if the case is removed to another court?
No. CPLR 2504(b) provides that liability on an undertaking remains in effect in favor of the party for whose benefit it was given, notwithstanding a removal of the action.
What happens to an undertaking if a party in the case changes?
The surety's liability continues under CPLR 2504(b) despite a change of parties, so a substitution or similar event does not release the surety from the original obligation.
Who has to agree to waive an undertaking?
All parties must consent in writing; a single party cannot unilaterally waive a required undertaking.
Can a court refuse to allow the parties to waive an undertaking?
Yes. CPLR 2504(a) permits waiver by written consent unless the court orders otherwise, so a court retains the ability to require security regardless of the parties' agreement.
Advisory Committee Notes
Subd (a) of this section contains the substance of CPA § 569, covering appeals. It makes the waiver provisions applicable generally to all undertakings. The opening clause permits the court to deny a party power to waive where infants or others require special protection. Subd (b) of this section is derived from CPA § 95 and the second sentence of CPA § 148. The sole purpose of the second sentence of former § 148 was “to preserve unimpaired the liability on a bond or undertaking in favor of the party for whose benefit it was given, regardless of any subsequent changes in the parties to the action.” First Commercial Bank of Pontiac v Valentine, 155 App Div 91, 96, 139 NY Supp 1037, 1040 (1st Dept 1913), affd 209 NY 145, 102 NE 544. Despite a change in parties, liability of the sureties extends only to the original parties to the action. Hochman v Hauptman, 76 App Div 72, 78 NY Supp 659 (1st Dept 1902); Goldstein v Shapiro, 85 App Div 83, 82 NY Supp 1038 (2d Dept 1903). The language of former § 148 has been modified to express this result more clearly.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: waive undertaking New Yorksurety liability after removal of actionundertaking survives change of partieswaive bond New York lawsuit