reglab/housing_qa huggingface dataset:
NY CPLR § 1317 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1317 - Order of Attachment Without Notice.

§ 1317. Order of attachment without notice. 1. When granted; contents.   An  order  of  attachment may be granted without notice, before or after   service of summons and at any time prior to judgment. It  shall  specify   the  amount  to  be  secured  by  the  order of attachment including any   interest, costs and any claiming agent's fees and expenses, be  endorsed   with  the  name  and  address  of  the  claiming  authority and shall be   directed to a claiming agent in any county or in the city  of  New  York   where  any property in which the defendant has an interest is located or   where a garnishee may be served. The order  shall  direct  the  claiming   agent  to  levy within his or her jurisdiction, at any time before final   judgment, upon such property in which the defendant has an interest  and   upon  such  debts  owing  to  the  defendant  as will satisfy the amount   specified in the order of attachment.2. Confirmation of order.  An  order  of  attachment  granted  without   notice  shall provide that within a period not to exceed five days after   levy, the claiming authority shall move, on such  notice  as  the  court   shall  direct  to the defendant, the garnishee, if any, and the claiming   agent, for an order confirming the order of attachment. If the  claiming   authority  fails  to  make  such  motion within the required period, the   order of attachment and levy thereunder shall have no further effect and   shall be vacated upon motion. Upon the motion to confirm, the provisions   of subdivision two of section one thousand three hundred twenty-nine  of   this  article shall apply. An order of attachment granted without notice   may provide that the claiming agent refrain  from  taking  any  property   levied upon into his actual custody, pending further order of the court.
NY CPLR § 1318 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1318 - Motion Papers; Filing; Demand; Damages.

§  1318.  Motion  papers; filing; demand; damages. 1. Affidavit; other   papers. On a motion for an order of  attachment,  or  for  an  order  to   confirm  an  order  of attachment, the claiming authority shall show, by   affidavit and such other written evidence  as  may  be  submitted,  that   there is a cause of action and showing grounds for relief as required by   section one thousand three hundred twelve of this article.2.  Filing.  Within  ten  days  after  the  granting  of  an  order of   attachment, the claiming authority shall file it and the  affidavit  and   other  papers  upon  which it was based and the summons and complaint or   proposed complaint in the action. A  court  for  good  cause  shown  may   extend  the  time  for  such  filing  upon  application  of the claiming   authority. 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.3. Demand for papers. At any time after property has been levied upon,   the defendant may serve upon the claiming  authority  a  written  demand   that  the  papers upon which the order of attachment was granted and the   levy made be served upon him  or  her.  As  soon  as  practicable  after   service  of  the  demand,  the claiming authority shall cause the papers   demanded to be served by mailing the same to the  address  specified  in   the  demand.  A  demand  under  this  subdivision  shall  not  of itself   constitute an appearance in the action.4. Damages. The claiming authority 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 claiming authority was   not entitled to an attachment of the defendant's property. In  order  to   establish  the  claiming authority's liability, the defendant must prove   by a preponderance of the  evidence  that  in  obtaining  the  order  of   attachment the claiming authority acted without reasonable cause and not   in good faith.
NY CPLR § 1319 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1319 - Service of Summons.

§  1319.  Service  of  summons.  An order of attachment granted before   service is made on the defendant against whom the attachment is  granted   is  valid  only  if,  within  sixty  days  after the order is granted, a   summons is served upon the defendant or first publication of the summons   against the defendant is made pursuant to an order  and  publication  is   subsequently  completed,  except  that  a  person upon whom the order of   attachment is served shall not be liable for acting upon  it  as  if  it   were  valid  without  knowledge of the invalidity. If the defendant dies   within sixty days after the order is granted and before the  summons  is   served  upon  him or her or publication is completed, the order is valid   only if the summons is served upon his or her executor or  administrator   within  sixty  days  after letters are issued. Upon such terms as may be   just and upon good cause shown  the  court  may  extend  the  time,  not   exceeding  sixty  days,  within  which  the  summons  must  be served or   publication commenced  pursuant  to  this  section,  provided  that  the   application  for  extension  is  made  before the expiration of the time   fixed.
NY CPLR § 1321 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1321 - Levy Upon Personal Property by Seizure.

§  1321.  Levy  upon  personal  property  by  seizure. If the claiming   authority shall so direct the collecting agent, as an alternative to the   method prescribed by section one thousand three hundred twenty  of  this   article,  shall  levy  upon  property  capable of delivery by taking the   property into his actual custody. In cases in which the collecting agent   is a sheriff, the  sheriff  may  require  that  the  claiming  authority   furnish indemnity that is either satisfactory to the sheriff or is fixed   by  the  court. The collecting agent shall within four days serve a copy   of the order of attachment in the manner prescribed by  subdivision  one   of  section  one  thousand three hundred twenty of this article upon the   person from whose possession or custody the property was taken.
NY CPLR § 1322 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1322 - Levy Upon Real Property.

§  1322.  Levy  upon real property. The claiming agent shall levy upon   any interest of the defendant in real property by filing with the  clerk   of  the  county  in which the property is located a notice of attachment   endorsed with the name and address of the claiming authority and stating   the names of the parties to the action,  the  amount  specified  in  the   order  of  attachment and a description of the property levied upon. The   clerk shall record and index the notice in the same books, in  the  same   manner  and  with  the  same  effect,  as a notice of the pendency of an   action.
NY CPLR § 1323 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1323 - Additional Undertaking to Carrier Garnishee.

§  1323.  Additional undertaking to carrier garnishee. A garnishee who   is a common carrier may transport or deliver property actually loaded on   a conveyance, notwithstanding the service upon him or her of an order of   attachment, if it was loaded without reason to believe that an order  of   attachment  affecting the property had been granted, unless the claiming   authority gives an undertaking in an amount fixed by the court, that the   claiming authority shall pay any such carrier all expenses  and  damages   which  may  be  incurred for unloading the property and for detention of   the conveyance necessary for that purpose.
NY CPLR § 1324 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1324 - Claiming Agent's Duties After Levy.

§  1324. Claiming agent's duties after levy. 1. Retention of property.   The claiming agent shall hold and safely  keep  all  property  or  debts   paid, delivered, transferred or assigned to him or her or taken into his   or  her  custody to answer any judgment that may be obtained against the   defendant in the action, unless otherwise directed by the court  or  the   claiming  authority, subject to the payment of the claiming agent's fees   and expenses, if any. Any money shall be held for  the  benefit  of  the   parties to the action in an interest-bearing trust account at a national   or state bank or trust company. If the urgency of the case requires, the   court  may  direct sale or other disposition of property, specifying the   manner and terms thereof, with notice to the parties to the  action  and   the garnishee who has possession of such property.2.  Inventory.  Within  fifteen  days  after  service  of  an order of   attachment or forthwith after such order has been vacated  or  annulled,   the  claiming  agent  shall  file  an  inventory  of  property seized, a   description of real property levied upon, the names and addresses of all   persons served with the order of attachment,  and  an  estimate  of  the   value of all property levied upon.
NY CPLR § 1325 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1325 - Garnishee's Statement.

§  1325.  Garnishee's  statement. Within ten days after service upon a   garnishee of an order of attachment, or within such shorter time as  the   court  may  direct,  the garnishee shall serve upon the claiming agent a   statement specifying all debts of the garnishee to the  defendant,  when   the  debts  are  due,  all  property in the possession or custody of the   garnishee in which the defendant has an interest, and  the  amounts  and   value  of  the  debts and property specified. If the garnishee has money   belonging to, or is indebted to, the defendant in at least the amount of   the attachment, he or she may limit his or her statement to that fact.
NY CPLR § 1326 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1326 - Disclosure.

§  1326. Disclosure. Upon motion of any interested person, at any time   after the granting of an order of attachment and prior to final judgment   in the action, upon such notice as the court may direct, the  court  may   order  disclosure by any person of information regarding any property in   which the defendant has or may have interest, or any debts owed or which   may be owed to the defendant.
NY CPLR § 1327 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1327 - Proceedings to Determine Adverse Claims.

§  1327.  Proceedings  to  determine  adverse  claims.    Prior to the   application of property or debt to the satisfaction of a  judgment,  any   person,  other  than  a  party to the action, who has an interest in the   property subject to forfeiture may commence a special proceeding against   the claiming authority to determine the rights of adverse  claimants  to   the  property  or  debt,  and in such proceeding shall serve a notice of   petition upon the claiming agent 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  or  made  without  any reasonable basis   whatsoever, it may require the claimant to pay  the  claiming  authority   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 § 1328 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1328 - Discharge of Attachment.

§ 1328. Discharge of attachment. 1. A defendant whose property or debt has been levied upon may move, upon notice to the claiming authority and the  claiming  agent, for any order discharging the attachment as to all or part of the property or debt upon payment  of  the  claiming  agent's fees and expenses, if any. 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  claiming authority  the  amount  of  any  judgment  which may be recovered in the action against him or her, 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.   2.  When  a motion to discharge is made in the case of property levied upon pursuant to a claimed violation of the tax law, the amount  of  the undertaking required shall be an amount equal to the lesser of:  (a) The amount specified in subdivision one of this section; or  (b)  The  aggregate  amount  of all unpaid tax and civil penalties for such violation.
NY CPLR § 1329 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1329 - Vacating or Modifying Attachment.

§  1329.  Vacating  or  modifying  attachment.  1. 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 claiming agent, for an order vacating  or  modifying  the  order  of   attachment. Upon the motion, the court may give the claiming authority 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 claiming authority, it shall vacate   the order of attachment. Such a motion shall not of itself constitute an   appearance in the action.2. Burden of proof. Upon a motion to vacate  or  modify  an  order  of   attachment  the claiming authority shall have the burden of establishing   the grounds for the attachment, the need for continuing the levy and the   probability that he or she will succeed on the merits.
NY CPLR § 1330 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1330 - Annulment of Attachment.

§  1330.  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 claiming authority is fully   satisfied, 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 § 1331 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1331 - Return of Property; Directions to Clerk and Claiming Agent.

§  1331.  Return  of property; directions to clerk and claiming agent.   Upon motion of any interested person, on notice to  the  claiming  agent   and each party, the court may direct the clerk of any county to cancel a   notice  of  attachment  and may direct the claiming agent 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  claiming  agent's  fees,  and   expenses,  if  any.  The court shall direct that notice of the motion be   given to the claiming  authority  and  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 § 1332 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1332 - Disposition of Attachment Property After Execution Issued; Priority of Orders of Attachment.

§  1332.  Disposition  of  attachment property after execution issued;   priority of orders of attachment. Where an execution is  issued  upon  a   judgment  entered  against the defendant, the claiming agent'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 or she 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  five   thousand two hundred thirty-four of this chapter.
NY CPLR § 1333 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1333 - Grounds for Preliminary Injunction and Temporary Restraining Order.

§  1333.  Grounds for preliminary injunction and temporary restraining   order. A preliminary injunction may be granted in any action under  this   article,  whether  for money damages or otherwise, 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 claiming authority's   rights respecting the subject of the  action,  and  thereby  tending  to   render  a  resulting judgment ineffectual. 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.   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.
NY CPLR § 1334 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1334 - Motion Papers.

§  1334.  Motion  papers.  Affidavit;  other papers. On a motion for a   preliminary injunction the claiming authority shall show,  by  affidavit   and  such  other  written  evidence as may be submitted, that there is a   cause of action and showing grounds for relief as  required  by  section   one thousand three hundred twelve of this article.
NY CPLR § 1335 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1335 - Temporary Restraining Order.

§ 1335. Temporary restraining order. 1. Generally. If, on a motion for   a  preliminary  injunction,  the  claiming  authority  shall  show  that   immediate and irreparable injury, loss or damages may 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.2. 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.
NY CPLR § 1336 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1336 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.

§  1336.  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 claiming authority, 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 or her   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   claiming authority. As a condition to  granting  an  order  vacating  or   modifying  a  preliminary injunction or a temporary restraining order, a   court may require the defendant to give an undertaking, in an amount  to   be  fixed  by  the  court,  that the defendant shall pay to the claiming   authority any loss sustained by reason  of  the  vacating  or  modifying   order.
NY CPLR § 1337 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1337 - Ascertaining Damages Sustained by Reason of Preliminary Injunction or Temporary Restraining Order.

§  1337.  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, 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. In order to establish the   claiming authority's liability for  damages,  the  person  seeking  such   damages  must  prove by a preponderance of the evidence that, in causing   the temporary restraining order or preliminary injunction to be granted,   the claiming authority acted without reasonable cause and  not  in  good   faith.