N.Y. Civil Practice Law & Rules Section 1352
Preservation of other rights and remedies


The remedies provided for in this article are not intended to substitute for or limit or supersede the lawful authority of any public officer or agency or other person to enforce any other right or remedy provided for by law. The exercise of such lawful authority in the forfeiture of property alleged to be the proceeds, substitute proceeds, instrumentality of a crime or real property instrumentality of crime must include the provision of a prompt opportunity to be heard for the owner of seized property in order to ensure the legitimacy and the necessity of its continued retention by law enforcement, as well as clear notice of deadlines for accomplishing the return of such property.

Source: Section 1352 — Preservation of other rights and remedies, https://www.­nysenate.­gov/legislation/laws/CVP/1352 (updated Oct. 11, 2019; 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:
Oct. 11, 2019

§ 1352’s source at nysenate​.gov

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