2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 62 - (6201 - 6226) ATTACHMENT
6223 - Vacating or modifying attachment.

NY CPLR § 6223 (2012) What's This?
    §  6223.  Vacating  or  modifying  attachment. (a) 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 sheriff, for an order vacating or modifying the order of
  attachment.   Upon the motion,  the  court  may  give  the  plaintiff  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 plaintiff, it shall vacate the order
  of attachment.   Such  a  motion  shall  not  of  itself  constitute  an
  appearance in the action.
    (b)  Burden  of  proof.  Upon a motion to vacate or modify an order of
  attachment the plaintiff shall  have  the  burden  of  establishing  the
  grounds  for  the  attachment,  the need for continuing the levy and the
  probability that he will succeed on the merits.

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