N.Y. PEP Law § 47-E — New York Code / Act PEP / Article 3-A / Section 47-E
Vacating of an assignment, by order of a court
Status: in_force

§ 47-e. Vacating of an assignment, by order of a court. 1. An\nassignment may be vacated by a judgment of a court of record upon a\nspecial proceeding brought by the assignor, his employer or any person\nhaving an interest therein. Before such judgment shall be granted an\norder to show cause and the petition upon which it was granted shall be\nserved upon the assignee, specifying the grounds upon which such relief\nis sought and requiring the assignee to show cause, at a time and place\nspecified therein, why the assignment should not be vacated. If the\napplication is made by a person other than the assignor, a copy of the\norder to show cause and the petition upon which it was granted shall be\nserved upon the assignor, as the court shall direct. Such order shall be\nreturnable at a special term of a court of record in the county where\nthe assignment is filed, if it has been filed, or, whether or not the\nassignment has been filed, in the county where the assignor resides or\nthe county where the assignee resides, and shall be returnable at a time\nnot less than eight days from the service thereof unless the court to\nwhom the application is made shall find that a greater or lesser time is\nappropriate in the circumstances.\n  The order to show cause and the petition upon which it was granted\nshall be served upon the assignee either (1) by personal service, or (2)\nby leaving them at his or its place of business with a person of\nsuitable age and discretion with directions to deliver them to the\nassignee and mailing a copy by certified mail to the assignee directed\nto the address specified in the assignment or if none is specified in\nthe assignment to his or its last known address, or (3) as the court may\ndirect. Proof of such service shall be made by affidavit. If the\nassignee is a co-partnership consisting of two or more partners service\non one partner shall constitute service on the co-partnership.\n  2. Upon presentation of a transcript of a judgment pursuant to this\nsection, vacating an assignment, and upon payment of fees provided\ntherefor, a county clerk in whose office the assignment is filed shall\nfile the transcript of the judgment and shall enter on the margin of the\npage where the assignment is entered, and against the assignment to\nwhich the judgment relates, the words "Vacated by order of the court."\n  3. This section does not enlarge the territorial limits of the\njurisdiction of any court.\n  4. No assignment purporting upon its face or otherwise shown to have\nbeen made in compliance with the direction of the court in an action or\nproceeding in a family court or in a matrimonial action or proceeding in\na court of this state shall be vacated by an order pursuant to this\nsection.\n  5. In any proceeding under this section the court shall have\njurisdiction to consider any and all defenses to the assignment and the\ndebt secured thereby. The court may grant such interim relief as may be\nappropriate. The burden of proving the assignment and the debt secured\nthereby shall be on the assignee.\n