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

§ 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.