N.Y. Civil Practice Law & Rules Section 1318
Motion papers

  • filing
  • demand
  • damages

1.

Affidavit; other papers. On a motion for an order of attachment, or for an order to confirm an order of attachment, the claiming authority shall show, by affidavit and such other written evidence as may be submitted, that there is a cause of action and showing grounds for relief as required by § 1312 (Provisional remedies)section one thousand three hundred twelve of this article.

2.

Filing. Within ten days after the granting of an order of attachment, the claiming authority shall file it and the affidavit and other papers upon which it was based and the summons and complaint or proposed complaint in the action. A court for good cause shown may extend the time for such filing upon application of the claiming authority. Unless the time for filing has been extended, the order shall be invalid if not so filed, except that a person upon whom it is served shall not be liable for acting upon it as if it were valid without knowledge of the invalidity.

3.

Demand for papers. At any time after property has been levied upon, the defendant may serve upon the claiming authority a written demand that the papers upon which the order of attachment was granted and the levy made be served upon him or her. As soon as practicable after service of the demand, the claiming authority shall cause the papers demanded to be served by mailing the same to the address specified in the demand. A demand under this subdivision shall not of itself constitute an appearance in the action.

4.

Damages. The claiming authority shall be liable to the defendant for all costs and damages, including reasonable attorney’s fees, which may be sustained by reason of the attachment if the defendant recovers judgment, or if it is finally decided that the claiming authority was not entitled to an attachment of the defendant’s property. In order to establish the claiming authority’s liability, the defendant must prove by a preponderance of the evidence that in obtaining the order of attachment the claiming authority acted without reasonable cause and not in good faith.

Source: Section 1318 — Motion papers; filing; demand; damages, https://www.­nysenate.­gov/legislation/laws/CVP/1318 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

1310
Definitions
1311
Forfeiture actions
1311‑A
Subpoena duces tecum
1311‑B
Money judgment
1312
Provisional remedies
1313
Debt or property subject to attachment
1314
Attaching creditor’s rights in personal property
1315
Discharge of garnishee’s obligation
1316
Order of attachment on notice
1317
Order of attachment without notice
1318
Motion papers
1319
Service of summons
1320
Levy upon personal property by service of order
1321
Levy upon personal property by seizure
1322
Levy upon real property
1323
Additional undertaking to carrier garnishee
1324
Claiming agent’s duties after levy
1325
Garnishee’s statement
1326
Disclosure
1327
Proceedings to determine adverse claims
1328
Discharge of attachment
1329
Vacating or modifying attachment
1330
Annulment of attachment
1331
Return of property
1332
Disposition of attachment property after execution issued
1333
Grounds for preliminary injunction and temporary restraining order
1334
Motion papers
1335
Temporary restraining order
1336
Vacating or modifying preliminary injunction or temporary restraining order
1337
Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order
1338
Appointment and powers of temporary receiver
1339
Oath
1340
Undertaking
1341
Accounts
1342
Removal
1343
Notice of pendency
1344
Filing, content and indexing of notice of pendency
1345
Service of summons
1346
Duration of notice of pendency
1347
Motion for cancellation of notice of pendency
1348
Undertaking for cancellation of notice of pendency
1349
Disposal of property
1350
Rules of procedure
1351
Application of article
1352
Preservation of other rights and remedies

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 1318’s source at nysenate​.gov

Link Style