A person for whose benefit an undertaking has been given to a public officer, board or municipal corporation of the state may move, on notice to persons interested in the disposition of the proceeds, for leave to bring an action in his own name for breach of a condition.
§ 2513.Action on undertaking to a public officer, board or municipal corporation
Article 25. Undertakings · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2513 lets a person for whose benefit an undertaking was given to a public officer, board, or municipal corporation move for leave to sue in their own name for breach of the undertaking's condition, on notice to other interested persons.
Full Text of CPLR 2513
Plain-English Summary
Some undertakings run not to a private party but to a public officer, board, or municipal corporation — security posted in a proceeding where the public body stands as the nominal beneficiary rather than the real party in interest. CPLR 2513 gives the actual beneficiary of that arrangement a path to enforce it directly: a motion, on notice to other persons interested in how the proceeds get distributed, for leave to sue in the beneficiary's own name for breach of the undertaking's condition.
Without that mechanism, a private party harmed by a breach might have no direct way to sue, since the undertaking technically runs to the public body rather than to the injured person. CPLR 2513 closes that gap by letting the court authorize the real party in interest to bring the action itself.
Frequently Asked Questions
Can a private party sue on an undertaking given to a public officer?
Yes. CPLR 2513 allows a person for whose benefit such an undertaking was given to move for leave to bring an action in their own name for breach of the undertaking's condition.
Who has to be notified before suing on an undertaking given to a municipal corporation?
Persons interested in how the proceeds of the undertaking are distributed must receive notice of the motion for leave to sue.
Why can't a beneficiary just sue directly on an undertaking made to a public officer?
Because the undertaking technically runs to the public officer, board, or municipal corporation rather than to the beneficiary, CPLR 2513 requires a court's leave before the beneficiary can sue on it in their own name.
What must be shown to get leave to sue under CPLR 2513?
The moving party must be a person for whose benefit the undertaking was given, and the action sought must be for breach of a condition of that undertaking.
Does CPLR 2513 apply to undertakings given to a board?
Yes. It covers undertakings given to a public officer, a board, or a municipal corporation of the state alike.
Advisory Committee Notes
This section is derived from CPA § 159. No change or meaning is intended. The phrase “the people or a public officer” was replaced by “a public officer, board or a municipal corporation of the state.” The change makes it clear that the provision applies not only to state officers but to municipal officers and boards as well. See the similar change in CPLR § 6311.
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: sue on undertaking public officer New Yorkaction on bond given to municipal corporationbreach of undertaking condition New Yorkleave to sue on surety bond New York