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The New York State Builders Association
Voice of the Building Industry in New York State
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It is a typical requirement in civil practice that a party seeking a temporary restraining order or stay on appeal, post some form of security in exchange for obtaining the requested order or stay, in the event that the requestor does not prevail and causes injury to the restrained party. In situations where a homeowner or builder is temporarily prevented from proceeding by legal process, legislation supported by NYSBA (S.985 – Martins would allow the judge presiding over the matter to determine the amount of security, necessary to protect the affected parties and appropriate under the circumstances.