N.Y.
Public Authorities Law Section 2716
Remedies of holders of bonds
1.
In the event that the authority shall default in the payment of principal of or interest on any issue of bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this title, or shall default in any agreement made with the holders of any issue of bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds of such issue then outstanding, by instrument or instruments filed in the office of the clerk of the county in which the principal office of the authority is located, and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds for the purposes herein provided.2.
Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of such bonds then outstanding shall, in his or its own name:(a)
by suit, action or proceeding in accordance with the civil practice law and rules, enforce all rights of the holders of the authority’s bonds, including the right to require the authority to collect fees and charges and interest adequate to carry out any agreement as to, or pledge or assignment of or lien upon, such fees and charges and interest, on properties and to require the authority to carry out any other agreements with the holders of such bonds and to perform its duties under this title;(b)
bring suit upon such bonds;(c)
by action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such bonds;(d)
by action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds;(e)
declare all such bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of twenty-five per centum of the principal amount of such bonds then outstanding, to annul such declaration and its consequences.3.
Such trustee shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the holders of the authority’s bonds in the enforcement and protection of their rights.4.
The supreme court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of such holders of the authority’s bonds. The venue of any such suit, action or proceeding shall be laid in the county in which the principal office of the authority is located.
Source:
Section 2716 — Remedies of holders of bonds, https://www.nysenate.gov/legislation/laws/PBA/2716 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
