N.Y. Judiciary Law Section 778
Prosecution of undertaking by person aggrieved

The order directing the undertaking to be prosecuted, may, in the discretion of the court, direct the prosecution thereof, by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plaintiff may recover damages, to the extent of the loss or injury sustained by him, by reason of the misconduct, together with the costs and expenses of prosecuting the special proceeding in which the warrant was issued; not exceeding the sum specified in the undertaking.

Source: Section 778 — Prosecution of undertaking by person aggrieved, https://www.nysenate.gov/legislation/laws/JUD/778 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

750
Power of courts to punish for criminal contempts 751
Punishment for criminal contempts 752
Requisites of commitment for criminal contempt 753
Power of courts to punish for civil contempts 753‑A
Contempts in cases involving or growing out of labor disputes 754
Special proceeding to punish for contempt punishable civilly 755
When punishment may be summary 756
Application to punish for contempt 757
Application to punish for contempt committed before referee 758
Notice to delinquent officer to show cause 760
When application may be made 761
Notice to accused 767
When habeas corpus may issue 770
Final order directing punishment 771
Punishment upon return of habeas corpus 772
Punishment upon return of application 773
Amount of fine 774
Length of imprisonment and periodic review of proceedings 775
When court may release offender 776
Offender liable to indictment 777
Proceedings when accused does not appear 778
Prosecution of undertaking by person aggrieved 779
Prosecution of undertaking by attorney-general or district attorney 780
Sheriff liable for taking insufficient sureties 781
Punishment of misconduct at trial term

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 778’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._judiciary_law_section_778

Original Source: Section 778 — Prosecution of undertaking by person aggrieved, https://www.nysenate.gov/legislation/laws/JUD/778 (last accessed Aug. 20, 2023).