reglab/housing_qa huggingface dataset:
NY CPLR § 6221 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6221 - Proceedings to Determine Adverse Claims.

§  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.
NY CPLR § 6222 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6222 - Discharge of Attachment.

§  6222.  Discharge  of attachment. A defendant whose property or debt   has been levied upon may move, upon notice  to  the  plaintiff  and  the   sheriff,  for an order discharging the attachment as to all or a part of   the property or debt upon payment of the sheriff's fees and expenses. On   such a motion, the defendant shall give an  undertaking,  in  an  amount   equal to the value of the property or debt sought to be discharged, that   the defendant will pay to the plaintiff the amount of any judgment which   may  be recovered in the action against him, not exceeding the amount of   the undertaking.  Making a motion or giving an  undertaking  under  this   section shall not of itself constitute an appearance in the action.
NY CPLR § 6223 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6223 - Vacating or Modifying Attachment.

§  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.
NY CPLR § 6224 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6224 - Annulment of Attachment.

§  6224.  Annulment  of attachment. An order of attachment is annulled   when the action in which it was granted abates or is discontinued, or  a   judgment entered therein in favor of the plaintiff is fully satified, or   a  judgment  is  entered  therein in favor of the defendant. In the last   specified case  a  stay  of  proceedings  suspends  the  effect  of  the   annulment,  and a reversal or vacating of the judgment revives the order   of attachment.
NY CPLR § 6225 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6225 - Return of Property; Directions to Clerk and Sheriff.

§  6225.  Return  of  property; directions to clerk and sheriff.  Upon   motion of any interested person, on  notice  to  the  sheriff  and  each   party,  the  court may direct the clerk of any county to cancel a notice   of attachment and may direct the sheriff to  dispose  of,  account  for,   assign, return or release any property or debt, or the proceeds thereof,   or  any  undertaking,  or  to  file  additional  inventories or returns,   subject to the payment of the sheriff's fees and expenses.    The  court   shall  direct  that  notice  of the motion be given to the plaintiffs in   other orders of attachment, if any, and to  the  judgment  creditors  of   executions,  if  any,  affecting  any  property or debt, or the proceeds   thereof, sought to be returned or released.
NY CPLR § 6226 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 62 - Attachment 6226 - Disposition of Attached Property After Execution Issued; Priority of Orders of Attachment.

§  6226.  Disposition  of  attached  property  after execution issued;   priority of orders of attachment. Where an execution is  issued  upon  a   judgment  entered against the defendant, the sheriff's duty with respect   to custody and disposition of property or debt levied upon  pursuant  to   an  order of attachment is the same as if he had levied upon it pursuant   to the execution. The priority among two or more  orders  of  attachment   against  the  same  defendant  shall  be in the order in which they were   delivered to the officer who levied  upon  the  property  or  debt.  The   priority  between an order of attachment and an execution, or a payment,   delivery or receivership order, is set forth in section 5234.
NY CPLR § 6301 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction 6301 - Grounds for Preliminary Injunction and Temporary Restraining Order.

§  6301.  Grounds for preliminary injunction and temporary restraining   order.  A preliminary injunction may be granted in any action  where  it   appears  that  the defendant threatens or is about to do, or is doing or   procuring  or  suffering  to  be  done,  an  act  in  violation  of  the   plaintiff's  rights respecting the subject of the action, and tending to   render the judgment ineffectual, or in any action  where  the  plaintiff   has  demanded  and  would  be  entitled  to  a  judgment restraining the   defendant from the commission  or  continuance  of  an  act,  which,  if   committed  or continued during the pendency of the action, would produce   injury to the plaintiff. A temporary restraining order  may  be  granted   pending  a  hearing  for  a preliminary injunction where it appears that   immediate and irreparable injury, loss or damage will result unless  the   defendant is restrained before the hearing can be had.
NY CPLR § 6311 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction 6311 - Preliminary Injunction.

§  6311.  Preliminary injunction.   1. A preliminary injunction may be   granted only upon notice to the defendant. Notice of the motion  may  be   served with the summons or at any time thereafter and prior to judgment.   A  preliminary  injunction  to  restrain  a  public  officer,  board  or   municipal corporation of the state from performing a statutory duty  may   be  granted  only  by  the  supreme court at a term in the department in   which the officer or board is located or in which the duty  is  required   to be performed.2.  Notice  of  motion  for a preliminary injunction to restrain state   officers or boards of  state  officers  under  the  provisions  of  this   section  must  be  upon  notice served upon the defendant or respondent,   state officers or board of state officers and must be  served  upon  the   attorney  general  by  delivery  of such notice to an assistant attorney   general at an office of the attorney general  in  the  county  in  which   venue  of  the  action  is  designated  or  if there is no office of the   attorney general in such county, at the office of the  attorney  general   nearest such county.
NY CPLR § 6312 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction R6312 - Motion Papers; Undertaking; Issues of Fact.

Rule  6312. Motion papers; undertaking; issues of fact. (a) Affidavit; other evidence. On a motion for a preliminary injunction  the  plaintiff shall  show,  by  affidavit and such other evidence as may be submitted, that there is a cause of action, and either that the defendant threatens or is about to do, or is doing or procuring or suffering to be done,  an act in violation of the plaintiff's rights respecting the subject of the action  and  tending  to  render  the  judgment ineffectual; or that the plaintiff has demanded and would be entitled to a  judgment  restraining the  defendant  from  the commission or continuance of an act, which, if committed or continued during the pendency of the action, would  produce injury to the plaintiff.  (b)  Undertaking.  Except  as  provided in section 2512 and in actions brought under section two hundred sixty-five-a of the real property law, prior to the granting of a preliminary injunction, the  plaintiff  shall give  an  undertaking  in  an  amount to be fixed by the court, that the plaintiff, if it is finally determined that he or she was  not  entitled to  an injunction, will pay to the defendant all damages and costs which may be sustained by reason of the injunction, including:   1. if the injunction is to stay proceedings in another action, on  any ground  other  than  that  a report, verdict or decision was obtained by actual fraud, all damages and costs which may be, or  which  have  been, awarded  in the other action to the defendant as well as all damages and costs which may be awarded him  or  her  in  the  action  in  which  the injunction was granted; or,   2.  if  the  injunction is to stay proceedings in an action to recover real property, or for dower, on any ground other than  that  a  verdict, report  or  decision was obtained by actual fraud, all damages and costs which may be, or which have been, awarded to the defendant in the action in which the injunction was granted, including the reasonable rents  and profits  of,  and  any wastes committed upon, the real property which is sought to be recovered or which is the subject of the action for  dower, after the granting of the injunction; or,   3.  if the injunction is to stay proceedings upon a judgment for a sum of money on any ground other than that  the  judgment  was  obtained  by actual fraud, the full amount of the judgment as well as all damages and costs  which  may be awarded to the defendant in the action in which the injunction was granted.  (c) Issues of fact.  Provided  that  the  elements  required  for  the issuance of a preliminary injunction are demonstrated in the plaintiff's papers,  the  presentation  by  the  defendant of evidence sufficient to raise an issue of fact as to any of such elements shall not in itself be grounds for denial of the motion. In such event the court shall  make  a determination  by  hearing  or  otherwise  whether  each of the elements required for issuance of a preliminary injunction exists.
NY CPLR § 6313 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction 6313 - Temporary Restraining Order.

§  6313. Temporary restraining order.  (a) Generally.  If, on a motion for a preliminary injunction, the plaintiff shall  show  that  immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may  be  granted  without  notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible  time.  No  temporary  restraining  order  may  be granted  in  an  action  arising  out  of  a labor dispute as defined in section eight hundred seven of the  labor  law,  nor  against  a  public officer,  board  or  municipal  corporation of the state to restrain the performance of statutory duties.  (b)  Service.    Unless  the  court  orders  otherwise,  a   temporary restraining  order together with the papers upon which it was based, and a notice of hearing for the preliminary injunction, shall be  personally served in the same manner as a summons.  (c)  Undertaking.    Prior  to the granting of a temporary restraining order the court may, in its discretion, require the plaintiff to give an undertaking in an amount to be fixed  by  the  court,  containing  terms similar  to those set forth in subdivision (b) of rule 6312, and subject to the exception set forth therein.
NY CPLR § 6314 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction 6314 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.

§  6314.  Vacating  or  modifying  preliminary injunction or temporary   restraining order.  A defendant enjoined by a preliminary injunction may   move at any time, on notice to the plaintiff, to vacate or modify it. On   motion, without notice, made by a  defendant  enjoined  by  a  temporary   restraining  order,  the  judge  who  granted  it,  or in his absence or   disability, another judge, may vacate or  modify  the  order.  An  order   granted without notice and vacating or modifying a temporary restraining   order shall be effective when, together with the papers upon which it is   based,  it  is  filed with the clerk and served upon the plaintiff. As a   condition to granting an  order  vacating  or  modifying  a  preliminary   injunction  or  a  temporary  restraining order, a court may require the   defendant, except where the defendant is a public body  or  officer,  to   give  an  undertaking,  in  an amount to be fixed by the court, that the   defendant shall pay to the plaintiff any loss sustained by reason of the   vacating or modifying order.
NY CPLR § 6315 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63 - Injunction 6315 - Ascertaining Damages Sustained by Reason of Preliminary Injunction or Temporary Restraining Order.

§  6315.  Ascertaining  damages  sustained  by  reason  of preliminary   injunction or temporary restraining order.   The  damages  sustained  by   reason of a preliminary injunction or temporary restraining order may be   ascertained  upon motion on such notice to all interested persons as the   court shall direct. Where the defendant enjoined was  an  officer  of  a   corporation  or  joint-stock  association or a representative of another   person, and the amount of the undertaking exceeds the damages  sustained   by  the  defendant  by reason of the preliminary injunction or temporary   restraining  order,  the  damages   sustained   by   such   corporation,   association  or  person  represented,  to the amount of such excess, may   also be ascertained. The amount of damages so ascertained is  conclusive   upon  all  persons  who  were  served with notice of the motion and such   amount may be recovered by the person entitled  thereto  in  a  separate   action.
NY CPLR § 6340 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63-A - Extreme Risk Protection Orders 6340 - Definitions.

§ 6340. Definitions. For the purposes of this article:1.  "Extreme  risk  protection  order"  means  a court-issued order of   protection  prohibiting  a  person  from   purchasing,   possessing   or   attempting to purchase or possess a firearm, rifle or shotgun.2.  "Petitioner"  means:  (a)  a police officer, as defined in section   1.20  of  the  criminal  procedure  law,  or  district   attorney   with   jurisdiction  in  the  county  or city where the person against whom the   order is sought resides; (b) a family or household member, as defined in   subdivision two of section  four  hundred  fifty-nine-a  of  the  social   services  law,  of the person against whom the order is sought; or (c) a   school administrator as defined in section eleven hundred twenty-five of   the education law, or a school administrator's designee, of  any  school   in  which  the  person  against  whom  the  order is sought is currently   enrolled or has been enrolled in the six  months  immediately  preceding   the  filing  of  the  petition.  For  purposes of this article, a school   administrator's designee shall be employed at the  same  school  as  the   school  administrator  and  shall  be  any of the following who has been   designated in writing to file a petition  with  respect  to  the  person   against  whom  the  order  is  sought: a school teacher, school guidance   counselor, school psychologist, school social worker, school  nurse,  or   other  school  personnel  required  to hold a teaching or administrative   license  or  certificate,  and  full  or  part-time  compensated  school   employee  required  to hold a temporary coaching license or professional   coaching certificate.3.  "Respondent"  means  the  person  against  whom  an  extreme  risk   protection order is or may be sought under this article.4.  "Possess"  shall  have  the same meaning as defined in subdivision   eight of section 10.00 of the penal law.
NY CPLR § 6341 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63-A - Extreme Risk Protection Orders 6341 - Application for an Extreme Risk Protection Order.

§   6341.  Application  for  an  extreme  risk  protection  order.  In   accordance with this article, a  petitioner  may  file  an  application,   which shall be sworn, and accompanying supporting documentation, setting   forth  the facts and circumstances justifying the issuance of an extreme   risk protection order. Such  application  and  supporting  documentation   shall  be  filed  in  the  supreme  court  in  the  county  in which the   respondent resides. The chief administrator of the  courts  shall  adopt   forms that may be used for purposes of such applications and the court's   consideration  of such applications. Such application form shall include   inquiry as to whether the petitioner knows, or has  reason  to  believe,   that the respondent owns, possesses or has access to a firearm, rifle or   shotgun  and  if so, a request that the petitioner list or describe such   firearms, rifles and shotguns, and  the  respective  locations  thereof,   with as much specificity as possible.
NY CPLR § 6344 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63-A - Extreme Risk Protection Orders 6344 - Surrender and Removal of Firearms, Rifles and Shotguns Pursuant to an Extreme Risk Protection Order.

§  6344.  Surrender  and  removal  of  firearms,  rifles  and shotguns   pursuant to an extreme risk protection order. 1. When a law  enforcement   officer  takes  any  firearm,  rifle  or shotgun pursuant to a temporary   extreme risk protection order or a final extreme risk protection  order,   the  officer  shall  give to the person from whom such firearm, rifle or   shotgun is taken a receipt or voucher for the property taken, describing   the property in detail. In the absence of a person,  the  officer  shall   leave  the receipt or voucher in the place where the property was found,   mail a copy of the receipt or voucher, retaining proof  of  mailing,  to   the last known address of the respondent and, if different, the owner of   the  firearm,  rifle  or  shotgun,  and  file  a copy of such receipt or   voucher with the  court.  All  firearms,  rifles  and  shotguns  in  the   possession  of a law enforcement official pursuant to this article shall   be subject to the  provisions  of  applicable  law,  including  but  not   limited to subdivision six of section 400.05 of the penal law; provided,   however,  that  any such firearm, rifle or shotgun shall be retained and   not disposed of by the law enforcement agency for  at  least  two  years   unless  legally transferred by the respondent to an individual permitted   by law to own and possess such firearm, rifle or shotgun.2. If the location to be searched during the execution of a  temporary   extreme  risk  protection  order  or  extreme  risk  protection order is   jointly occupied by two or more parties, and a firearm, rifle or shotgun   located during the execution of such order is owned by  a  person  other   than  the respondent, the court shall, upon a written finding that there   is no legal  impediment  to  the  person  other  than  the  respondent's   possession  of  such firearm, rifle or shotgun, order the return of such   firearm, rifle or shotgun to such lawful owner and inform such person of   their obligation to safely store their firearm,  rifle,  or  shotgun  in   accordance with section 265.45 of the penal law.
NY CPLR § 6345 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 63-A - Extreme Risk Protection Orders 6345 - Request for Renewal of an Extreme Risk Protection Order.

§ 6345. Request for renewal of an extreme risk protection order. 1. If   a  petitioner  believes  a  person subject to an extreme risk protection   order continues to be likely to engage in conduct that would  result  in   serious harm to himself, herself, or others, as defined in paragraph one   or  two  of  subdivision  (a) of section 9.39 of the mental hygiene law,   such petitioner may,  at  any  time  within  sixty  days  prior  to  the   expiration  of  such  existing extreme risk protection order, initiate a   request for a renewal  of  such  order,  setting  forth  the  facts  and   circumstances  necessitating the request. The chief administrator of the   courts shall  adopt  forms  that  may  be  used  for  purposes  of  such   applications  and  the  court's  consideration of such applications. The   court may issue a temporary extreme risk protection order in  accordance   with  section  sixty-three hundred forty-two of this article, during the   period that a request for renewal of an extreme risk protection order is   under consideration pursuant to this section.2. A hearing held pursuant to this section shall be conducted  in  the   supreme   court,   in   accordance   with  section  sixty-three  hundred   forty-three of this article, to determine if a request  for  renewal  of   the  order shall be granted. The respondent shall be served with written   notice of an application  for  renewal  a  reasonable  time  before  the   hearing,  and  shall  be afforded an opportunity to fully participate in   the hearing. The court shall direct service of such application and  the   accompanying papers in the manner and in accordance with the protections   for  the  petitioner set forth in subdivision six of section sixty-three   hundred forty-two of this article.