RPAPL 1064 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1063 Junior incumbrances; not affected by admeasurement up ARTICLE 10 Action For Dower next SECTION 1071 Plaintiff may consent to receive a gross sum Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1064 Appeal not to stay execution if undertaking is given Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 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.