2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 62 - (6201 - 6226) ATTACHMENT
R6212 - Motion papers; undertaking; filing; demand; damages.


NY CPLR § R6212 (2012) What's This?
 
    Rule  6212.  Motion papers; undertaking; filing; demand; damages.  (a)
  Affidavit; other papers. On a motion for an order of attachment, or  for
  an order to confirm an order of attachment, the plaintiff shall show, by
  affidavit  and  such  other  written  evidence as may be submitted, that
  there is a cause of action, that it is probable that the plaintiff  will
  succeed  on the merits, that one or more grounds for attachment provided
  in section 6201 exist, and that the amount demanded from  the  defendant
  exceeds all counterclaims known to the plaintiff.
    (b) Undertaking. On a motion for an order of attachment, the plaintiff
  shall give an undertaking, in a total amount fixed by the court, but not
  less  than  five  hundred  dollars, a specified part thereof conditioned
  that the plaintiff shall pay to the defendant  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 plaintiff was not entitled  to  an  attachment  of  the
  defendant's  property,  and  the  balance conditioned that the plaintiff
  shall pay to the sheriff all of his allowable fees. The attorney for the
  plaintiff shall not be liable to the sheriff for such fees.  The  surety
  on  the  undertaking  shall  not be discharged except upon notice to the
  sheriff.
    (c) Filing. Within  ten  days  after  the  granting  of  an  order  of
  attachment,  the  plaintiff  shall  file  it and the affidavit and other
  papers upon which it was based and the  summons  and  complaint  in  the
  action.    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.
    (d) Demand for papers. At any time  after  property  has  been  levied
  upon,  the  defendant may serve upon the plaintiff a written demand that
  the papers upon which the order of attachment was granted and  the  levy
  made  be  served  upon  him.  Not more than one day after service of the
  demand, the plaintiff shall cause the papers demanded to  be  served  at
  the  address  specified  in  the demand. A demand under this subdivision
  shall not of itself constitute an appearance in the action.
    (e) Damages. The plaintiff 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 plaintiff was not
  entitled to an  attachment  of  the  defendant's  property.  Plaintiff's
  liability shall not be limited by the amount of the undertaking.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.