Upon motion of any interested person, upon notice to the parties and surety, and to the sheriff, where he was required to be served with the undertaking, the court may order a new or additional undertaking, a justification or rejustification of sureties, or new or additional sureties. Unless otherwise provided by order of court, a surety, on the original undertaking shall remain liable until such order is complied with, but the original undertaking shall be otherwise without effect.
§ 2508.Motion for new or additional undertaking
Article 25. Undertakings · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2508 lets any interested person move, on notice to the parties, the surety, and the sheriff where required, for a new or additional undertaking, a justification or rejustification of sureties, or new or additional sureties, while the original surety remains liable until the court's order is complied with.
Full Text of CPLR 2508
Plain-English Summary
Circumstances change after an undertaking is posted — the underlying case grows in scope, or a party comes to doubt whether the original security still covers the risk. CPLR 2508 gives any interested person, not just the party who benefits from the undertaking, the ability to move for relief: a new or additional undertaking, a justification or rejustification of the existing sureties, or new or additional sureties altogether. The motion goes on notice to the parties and the surety, and to the sheriff if the sheriff had to be served with the original undertaking.
Until the court's order is satisfied, the original surety does not get a free pass — the section keeps that surety liable on the original undertaking, unless the court directs otherwise, even though the undertaking is otherwise without further effect once the order issues.
Frequently Asked Questions
Who can ask for additional security on an undertaking already posted in New York?
Any interested person may move under CPLR 2508 for a new or additional undertaking, a justification or rejustification of sureties, or new or additional sureties, on notice to the parties, the surety, and the sheriff where required.
Does the original surety stay liable while a new undertaking is worked out?
Yes. CPLR 2508 keeps the original surety liable until the court's order is complied with, unless the court provides otherwise.
Can a party ask the court to require a stronger surety later in the case?
Yes. CPLR 2508 allows a motion for rejustification of sureties or for new or additional sureties whenever an interested person has reason to seek it.
Who has to receive notice of a motion under CPLR 2508?
The parties and the surety must be notified, and the sheriff as well if the sheriff was required to be served with the undertaking.
What happens to the original undertaking once the court orders a new one?
It becomes without further effect once the court's order is complied with, though the surety's liability continues until that compliance happens.
Advisory Committee Notes
This section replaces CPA § 149, § 1528, the last sentence of the first paragraph of § 124(2), the first three sentences of § 900, part of § 948, part of the last sentence of § 907, part of subd 3 of § 1375, and the first sentence of the second paragraph of § 1394. Venue for the motion is provided in CPLR §§ 2212 and 2213. On appeals, the motion may be made in the court from or to which the appeal is taken. See CPLR § 5519(c); cf. CPA § 149. Where an undertaking was not given in the course of a judicial proceeding, the court which had power to order it in the first instance will have power to modify or require proof, through justification, that its order is being complied with. Cf. CPA § 149. CPA § 1528, which set forth specific examples of insufficiency of an undertaking or sureties is included in the more general language of this section. The court may grant one or more forms of the relief provided for in this section.
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: motion for additional undertaking New Yorknew surety motion New Yorkrejustification of suretiesincrease bond amount New York lawsuit