N.Y. Civil Practice Law & Rules Section 1329
Vacating or modifying attachment


1.

Motion to vacate or modify. Prior to the application of property or debt to the satisfaction of a judgment, the defendant, the garnishee or any person having an interest in the property or debt may move, on notice to each party and the claiming agent, for an order vacating or modifying the order of attachment. Upon the motion, the court may give the claiming authority a reasonable opportunity to correct any defect. If, after the defendant has appeared in the action, the court determines that the attachment is unnecessary to the security of the claiming authority, it shall vacate the order of attachment. Such a motion shall not of itself constitute an appearance in the action.

2.

Burden of proof. Upon a motion to vacate or modify an order of attachment the claiming authority shall have the burden of establishing the grounds for the attachment, the need for continuing the levy and the probability that he or she will succeed on the merits.

Source: Section 1329 — Vacating or modifying attachment, https://www.­nysenate.­gov/legislation/laws/CVP/1329 (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

§ 1329’s source at nysenate​.gov

Link Style