2006 New York Code - Motion Papers; Filing; Demand; Damages.

 
    §  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
  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.