Surety not discharged by failure or refusal by creditor to sue principal debtor

N.Y. General Obligations Law § 15-701, under Discharge of Surety.

N.Y. General Obligations Law § 15-701

§ 15-701. Surety not discharged by failure or refusal by creditor to sue principal debtor. Unless otherwise agreed between the parties in writing, the failure or refusal by a creditor, after a demand by a person bound as surety, to bring an action against a principal debtor upon a contract hereafter made or an obligation hereafter created for the payment of money or the performance of any act shall not discharge such surety.