2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 62 - (6201 - 6226) ATTACHMENT
6221 - Proceedings to determine adverse claims.


NY CPLR § 6221 (2012) What's This?
 
    §  6221.  Proceedings  to  determine  adverse  claims.  Prior  to  the
  application of property or debt to the satisfaction of a  judgment,  any
  interested   person  may  commence  a  special  proceeding  against  the
  plaintiff to determine the rights of adverse claimants to  the  property
  or  debt.  Service  of  process  in  such  a proceeding shall be made by
  serving a notice of petition upon the sheriff and upon each party in the
  same manner as a notice of motion. The proceeding may  be  commenced  in
  the  county  where  the property was levied upon, or in the county where
  the order of attachment is filed. The court may vacate or discharge  the
  attachment,  void  the  levy,  direct the disposition of the property or
  debt, direct that undertakings be provided or released, or  direct  that
  damages be awarded. Where there appear to be disputed questions of fact,
  the  court shall order a separate trial, indicating the person who shall
  have possession of the property pending a decision and the  undertaking,
  if  any,  which such person shall give. If the court determines that the
  adverse claim was fraudulent, it may require the  claimant  to  pay  the
  plaintiff  the reasonable expenses incurred in the proceeding, including
  reasonable attorney's fees, and any other damages suffered by reason  of
  the  claim.  The  commencement  of  the  proceeding  shall not of itself
  subject the adverse claimant to personal jurisdiction  with  respect  to
  any matter other than the claim asserted in the proceeding.

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