reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1338 - Appointment and Powers of Temporary Receiver.

§  1338.  Appointment and powers of temporary receiver. 1. Appointment
  of temporary receiver; joinder of  moving  party.  Upon  motion  of  the
  claiming  authority  on  any other person having an apparent interest in
  property which is the subject of an action pursuant to this  article,  a
  temporary  receiver  of  the  property may be appointed, before or after
  service of summons and at any time prior  to  judgment,  or  during  the
  pendency  of  an appeal, where there is danger that the property will be
  removed from the state, or lost,  materially  injured  or  destroyed.  A
  motion made by a person not already a party to the action constitutes an
  appearance in the action and the person shall be joined as a party.
2.  Powers  of temporary receiver. The court appointing a receiver may
  authorize him or her to take and hold real and  personal  property,  and
  sue  for, collect and sell debts or claims, upon such conditions and for
  such purposes as the court shall direct. A receiver shall have no  power
  to  employ counsel unless expressly so authorized by order of the court.
  Upon motion of the receiver or a party, powers granted  to  a  temporary
  receiver  may be extended or limited or the receivership may be extended
  to another action involving the property.
3. Duration of temporary receivership. A temporary receivership  shall
  not  continue  after  final  judgment  unless  otherwise directed by the
  court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1339 - Oath.

§  1339.  Oath.  A temporary receiver, before entering upon his or her
  duties, shall be sworn faithfully and  fairly  to  discharge  the  trust
  committed  to  him  or her.   The oath may be administered by any person
  authorized to take acknowledgments of deeds by the  real  property  law.
  The oath may be waived upon consent of all parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1341 - Accounts.

§  1341.  Accounts.  A  temporary receiver shall keep written accounts
  itemizing receipts and expenditures, and  describing  the  property  and
  naming  the  depository  of  receivership  funds, which shall be open to
  inspection by any person having an apparent interest  in  the  property,
  the  court  may  require  the keeping of particular records or direct or
  limit inspection or  require  presentation  of  a  temporary  receiver's
  accounts.  Notice  of  a  motion  for  the  presentation  of a temporary
  receiver's accounts shall be served upon the  sureties  on  his  or  her
  undertaking as well as upon each party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1343 - Notice of Pendency; Constructive Notice.

§  1343. Notice of pendency; constructive notice. A notice of pendency
  may be filed in any action brought pursuant to this article in which the
  judgment demanded would affect the title to, or the possession,  use  or
  enjoyment  of,  real  property.  The  pendency  of  such  an  action  is
  constructive notice, from the time of filing of the notice  only,  to  a
  purchaser from, or incumbrancer against, any defendant named in a notice
  of  pendency  indexed in a block index against a block in which property
  affected is situated or any defendant against whose  name  a  notice  of
  pendency  is  indexed.  A  person  whose  conveyance  or  incumbrance is
  recorded after the filing of the notice  is  bound  by  all  proceedings
  taken in the action after such filing to the same extent as if he or she
  were a party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1344 - Filing, Content and Indexing of Notice of Pendency.

§ 1344. Filing, content and indexing of notice of pendency. 1. Filing.
  In a case specified in section one thousand three hundred forty-three of
  this  article the notice of pendency shall be filed in the office of the
  clerk of any county where property affected is situated, before or after
  service of a summons and at any time prior to judgment.  Unless  it  has
  already been filed in that county, the complaint shall be filed with the
  notice of pendency.
2. Content, designation of index. A notice of pendency shall state the
  names  of  the  parties to the action, that the action is for forfeiture
  pursuant to this article and a description of the property  affected.  A
  notice  of pendency filed with a clerk who maintains a block index shall
  contain a designation of the number of each block on the land map  of  a
  county  which is affected by the notice. A notice of pendency filed with
  a clerk who does not maintain a block index shall contain a  designation
  of the names of each defendant against whom the notice is directed to be
  indexed.
3. Indexing. Each county clerk with whom a notice of pendency is filed
  shall  immediately  record  and  index  it  against  the blocks or names
  designated. A county clerk who does not maintain  a  block  index  shall
  index  a notice of pendency of an action for partition against the names
  of each claiming authority and each defendant not designated  as  wholly
  fictitious.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1345 - Service of Summons.

§  1345.  Service  of  summons.  A  notice of pendency filed before an
  action is commenced is effective  only  if,  within  thirty  days  after
  filing,  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.  If  the defendant dies within
  thirty days after filing and before the summons served upon him  or  her
  or publication is completed, the notice is effective only if the summons
  is  served  upon  his or her executor or administrator within sixty days
  after letters are issued.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1346 - Duration of Notice of Pendency.

§  1346. Duration of notice of pendency. A notice of pendency shall be
  effective for a period of three years from the date  of  filing.  Before
  expiration of a period or extended period, the court, upon motion of the
  claiming  authority  and  upon  such  notice as it may require, for good
  cause shown, may grant an extension for a  like  additional  period.  An
  extension  order  shall be filed, recorded and indexed before expiration
  of the prior period.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1347 - Motion for Cancellation of Notice of Pendency.

§  1347.  Motion  for cancellation of notice of pendency. 1. Mandatory
cancellation. The court, upon motion of any person  aggrieved  and  upon
such notice as it may require, shall direct any county clerk to cancel a
notice  of  pendency,  if  service  of  a summons has not been completed
within the time limited by section one thousand three hundred forty-five
of this article; or if the action  has  been  settled,  discontinued  or
abated;  or  if  the  time  to  appeal from a final judgment against the
claiming authority has expired.
2. Discretionary cancellation. The court, upon a motion of any  person
aggrieved  and upon such notice as it may require, may direct any county
clerk to cancel a notice of pendency, if the claiming authority has  not
commenced or prosecuted the action in good faith.
3.  Costs  and  expenses. The court, in an order canceling a notice of
pendency under this section, may direct the claiming  authority  to  pay
any  costs  and  expenses  occasioned by the filing and cancellation, in
addition to any costs of the action. In order to establish the  claiming
authority's  liability  for  such costs and expenses, the person seeking
such costs and expenses must prove by a preponderance  of  the  evidence
that,  in  causing  the  notice  to  pendency  to be filed, the claiming
authority acted without reasonable cause and not in good faith.
4. Cancellation  by  stipulation.  At  any  time  prior  to  entry  of
judgment,  a  notice  of pendency shall be cancelled by the county clerk
without an order, on the filing with him or her of:
(a) An affidavit by the claiming authority  showing  which  defendants
have  been  served  with  process,  which  defendants  are in default in
appearing or answering, and which defendants have appeared  or  answered
and by whom; and
(b)  A  stipulation  consenting  to  the  cancellation,  signed by the
claiming authority and by the attorneys for all the defendants who  have
appeared  or  answered  including those who have waived all notices, and
executed and acknowledged, in the form required to entitle a deed to  be
recorded,  by  the defendants who have been served with process and have
not appeared but whose time to  do  so  has  not  expired,  and  by  any
defendants who have appeared in person.
5.  Cancellation  by  a  claiming  authority. At any time prior to the
entry of a judgment a notice of pendency of action shall be cancelled by
the county clerk without an order on the filing with him or  her  of  an
affidavit  by  the  claiming  authority  showing that there have been no
appearances and that the time to appear has expired for all parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1348 - Undertaking for Cancellation of Notice of Pendency.

§ 1348. Undertaking for cancellation of notice of pendency. The court,
  upon  motion of any person aggrieved and upon such notice of pendency as
  it may require, may direct any  county  clerk  to  cancel  a  notice  of
  pendency,  upon  such  terms  as  are  just, whether or not the judgment
  demanded would affect specific real property, if the moving party  shall
  give  an  undertaking  in an amount to be fixed by the court, and if the
  court finds  that  adequate  relief  can  be  secured  to  the  claiming
  authority by the giving of such an undertaking.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1350 - Rules of Procedure; in General.

§  1350.  Rules  of  procedure; in general. The civil practice law and
  rules shall govern the procedure in proceedings  and  actions  commenced
  under  this  article,  except  where  the  procedure is regulated by any
  inconsistent provisions herein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1351 - Application of Article.

§  1351.  Application  of article. If any provision of this article or
  the application thereof to any person or circumstances shall be adjudged
  by  any   court   of   competent   jurisdiction   to   be   invalid   or
  unconstitutional,  such  judgment shall not affect, impair or invalidate
  the remainder thereof, but shall be confined (i) in its operation of the
  provision, or (ii) in its application  to  the  person  or  circumstance
  directly  involved  in the controversy in which such judgment shall have
  been rendered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1352 - Preservation of Other Rights and Remedies.

§  1352.  Preservation  of  other  rights  and  remedies. The remedies
  provided for in this article are not intended to substitute for or limit
  or supersede the lawful authority of any public  officer  or  agency  or
  other  person  to enforce any other right or remedy provided for by law.
  The exercise of such lawful authority  in  the  forfeiture  of  property
  alleged  to  be  the proceeds, substitute proceeds, instrumentality of a
  crime or  real  property  instrumentality  of  crime  must  include  the
  provision  of  a  prompt opportunity to be heard for the owner of seized
  property in order to ensure the legitimacy  and  the  necessity  of  its
  continued  retention  by  law  enforcement,  as  well as clear notice of
  deadlines for accomplishing the return of such property.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-B - Civil Remedies; Enterprise Corruption › 1354 - Joinder of a Party.

§  1354.  Joinder  of a party. A person or enterprise not convicted of
  the crime of enterprise corruption may be made a party to a civil action
  under this article, whenever joinder of such  person  or  enterprise  is
  necessary pursuant to section 1001 of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-B - Civil Remedies; Enterprise Corruption › 1355 - Civil Actions Notice.

§  1355.  Civil  actions  notice.  Within fifteen days of commencing a
  civil proceeding pursuant to this article, the prosecutor bringing  such
  action  must  notify those district attorneys who were affected district
  attorneys within the meaning of section 460.60 of the penal law  in  the
  prior criminal proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14 - Contribution › 1401 - Claim for Contribution.

§ 1401. Claim for contribution.  Except as provided in sections 15-108
  and   18-201  of  the  general  obligations  law,  sections  eleven  and
  twenty-nine  of  the  workers'  compensation  law,   or   the   workers'
  compensation  law  of  any other state or the federal government, two or
  more persons who are subject to  liability  for  damages  for  the  same
  personal  injury,  injury  to  property  or  wrongful  death,  may claim
  contribution among them whether or not an action has been brought  or  a
  judgment  has been rendered against the person from whom contribution is
  sought.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14 - Contribution › 1402 - Amount of Contribution.

§  1402. Amount of contribution. The amount of contribution to which a
  person is entitled shall be the excess paid by him over  and  above  his
  equitable  share  of the judgment recovered by the injured party; but no
  person shall be required  to  contribute  an  amount  greater  than  his
  equitable  share. The equitable shares shall be determined in accordance
  with the relative culpability of each person liable for contribution.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14 - Contribution › 1404 - Rights of Persons Entitled to Damages Not Affected; Rights of Indemnity or Subrogation Preserved.

§  1404. Rights of persons entitled to damages not affected; Rights of
indemnity or  subrogation  preserved.  (a)  Nothing  contained  in  this
article  shall impair the rights of any person entitled to damages under
existing law.
(b) Nothing contained in  this  article  shall  impair  any  right  of
indemnity or subrogation under existing law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14-A - Damage Actions: Effect of Contributory Negligence and Assumption of Risk › 1411 - Damages Recoverable When Contributory Negligence or Assumption of Risk Is Established.

§ 1411. Damages recoverable when contributory negligence or assumption
  of  risk  is  established. In any action to recover damages for personal
  injury, injury to property, or  wrongful  death,  the  culpable  conduct
  attributable  to the claimant or to the decedent, including contributory
  negligence or assumption of risk, shall not bar recovery, but the amount
  of damages otherwise recoverable shall be diminished in  the  proportion
  which  the  culpable  conduct  attributable  to the claimant or decedent
  bears to the culpable conduct which caused the damages.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14-A - Damage Actions: Effect of Contributory Negligence and Assumption of Risk › 1412 - Burden of Pleading; Burden of Proof.

§  1412. Burden of pleading; burden of proof. Culpable conduct claimed
  in diminution of damages, in accordance with  section  fourteen  hundred
  eleven,  shall be an affirmative defense to be pleaded and proved by the
  party asserting the defense.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 14-A - Damage Actions: Effect of Contributory Negligence and Assumption of Risk › 1413 - Applicability.

§  1413.  Applicability.  This  article  shall  apply to all causes of
  action  accruing  on  or  after  September   first,   nineteen   hundred
  seventy-five.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 15 - Actions Against Persons Jointly Liable › 1501 - Actions Against Persons Jointly Liable; Service of Summons; Judgment.

§  1501.  Actions  against persons jointly liable; service of summons;
  judgment. Where less than all of the named defendants in an action based
  upon a joint obligation, contract  or  liability  are  served  with  the
  summons, the plaintiff may proceed against the defendants served, unless
  the court otherwise directs, and if the judgment is for the plaintiff it
  may be taken against all the defendants.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 15 - Actions Against Persons Jointly Liable › 1502 - Provisional Remedies and Defenses in Subsequent Action Against Co-Obligor.

§ 1502. Provisional remedies and defenses in subsequent action against
  co-obligor.  A  subsequent  action  against  a  co-obligor  who  was not
  summoned in the original action must be maintained in order to procure a
  judgment enforceable against his individually held property for the  sum
  remaining  unpaid  upon  the original judgment, and such action shall be
  regarded as based upon the same obligation, contract or liability as the
  original judgment for the purpose of obtaining any  provisional  remedy.
  The  complaint in the subsequent action shall be verified. The defendant
  in the subsequent action may raise any defenses or counterclaims that he
  might have raised in the original action if the summons had been  served
  on  him  when  it  was  first  served  on  a  co-obligor,  and may raise
  objections to the original judgment, and defenses or counterclaims  that
  have arisen since it was entered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 16 - Limited Liability of Persons Jointly Liable › 1601 - Limited Liability of Persons Jointly Liable.

§   1601.   Limited   liability   of  persons  jointly  liable.     1.
  Notwithstanding any other provision of law, when a verdict  or  decision
  in  an  action  or claim for personal injury is determined in favor of a
  claimant in an action involving two or more tortfeasors  jointly  liable
  or  in  a  claim  against  the state and the liability of a defendant is
  found to be fifty percent or less of the total liability assigned to all
  persons liable, the liability of such  defendant  to  the  claimant  for
  non-economic  loss  shall  not  exceed  that defendant's equitable share
  determined in accordance with the relative culpability  of  each  person
  causing  or  contributing  to the total liability for non-economic loss;
  provided, however that the culpable conduct of any person not a party to
  the action shall not be considered in determining  any  equitable  share
  herein  if  the  claimant  proves  that with due diligence he or she was
  unable to obtain jurisdiction over such person in said action (or  in  a
  claim against the state, in a court of this state); and further provided
  that  the  culpable  conduct  of  any  person shall not be considered in
  determining any equitable share herein to the extent that action against
  such person is barred because the claimant has not  sustained  a  "grave
  injury" as defined in section eleven of the workers' compensation law.
2.  Nothing in this section shall be construed to affect or impair any
  right of a tortfeasor under section 15-108 of  the  general  obligations
  law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 16 - Limited Liability of Persons Jointly Liable › 1603 - Burdens of Proof.

§  1603.  Burdens  of  proof.  In  any action or claim for damages for
  personal injury a party asserting that the limitations on liability  set
  forth  in  this  article  do  not  apply  shall  allege  and  prove by a
  preponderance of the evidence that one or more  of  the  exemptions  set
  forth  in  subdivision  one  of  section  sixteen hundred one or section
  sixteen  hundred  two  applies.  A  party  asserting  limited  liability
  pursuant  to  this  article  shall  have  the  burden  of  proving  by a
  preponderance  of  the  evidence  its  equitable  share  of  the   total
  liability.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 20 - Mistakes, Defects, Irregularities and Extensions of Time › 2001 - Mistakes, Omissions, Defects and Irregularities.

§  2001. Mistakes, omissions, defects and irregularities. At any stage
  of an action, including the filing of a summons with notice, summons and
  complaint or petition to commence an action,  the  court  may  permit  a
  mistake,  omission,  defect  or  irregularity,  including the failure to
  purchase or acquire an index number  or  other  mistake  in  the  filing
  process,  to  be  corrected,  upon  such  terms as may be just, or, if a
  substantial right of a party is not prejudiced, the  mistake,  omission,
  defect   or   irregularity  shall  be  disregarded,  provided  that  any
  applicable fees shall be paid.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 20 - Mistakes, Defects, Irregularities and Extensions of Time › 2002 - Error in Ruling of Court.

§  2002.  Error  in ruling of court. An error in a ruling of the court
  shall  be  disregarded  if  a  substantial  right  of  a  party  is  not
  prejudiced.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 20 - Mistakes, Defects, Irregularities and Extensions of Time › 2003 - Irregularity in Judicial Sale.

§  2003.  Irregularity  in  judicial sale. At any time within one year
  after a sale made pursuant to a judgment or order, but  not  thereafter,
  the  court, upon such terms as may be just, may set the sale aside for a
  failure to comply with the requirements of the civil  practice  law  and
  rules  as  to  the notice, time or manner of such sale, if a substantial
  right of a party was prejudiced by the defect.   This section  does  not
  apply  to  judicial  sales  made  pursuant  to  article 9 of the uniform
  commercial code.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 20 - Mistakes, Defects, Irregularities and Extensions of Time › 2004 - Extensions of Time Generally.

§ 2004. Extensions of time generally. Except where otherwise expressly
  prescribed  by  law, the court may extend the time fixed by any statute,
  rule or order for doing any act, upon such terms as may be just and upon
  good cause shown, whether the application for extension is  made  before
  or after the expiration of the time fixed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 20 - Mistakes, Defects, Irregularities and Extensions of Time › 2005 - Excusable Delay or Default.

§ 2005. Excusable delay or default. Upon an application satisfying the
  requirements  of  subdivision  (d) of section 3012 or subdivision (a) of
  rule 5015, the court shall not, as a matter of law,  be  precluded  from
  exercising its discretion in the interests of justice to excuse delay or
  default resulting from law office failure.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › R2101 - Form of Papers.

Rule  2101.  Form  of  papers.  (a) Quality, size and legibility. Each
paper served or filed shall be durable, white and, except for summonses,
subpoenas, notices of appearance, notes of issue, orders of  protection,
temporary  orders  of  protection and exhibits, shall be eleven by eight
and one-half inches in size. The writing shall be legible and  in  black
ink.  Beneath  each  signature  shall  be  printed  the name signed. The
letters in  the  summons  shall  be  in  clear  type  of  no  less  than
twelve-point in size. Each other printed or typed paper served or filed,
except  an  exhibit, shall be in clear type of no less than ten-point in
size.
(b) Language. Each paper served or  filed  shall  be  in  the  English
language  which, where practicable, shall be of ordinary usage. Where an
affidavit or exhibit annexed to a paper served or filed is in a  foreign
language,  it  shall  be  accompanied  by  an English translation and an
affidavit by the translator stating  his  qualifications  and  that  the
translation is accurate.
(c)  Caption.  Each  paper  served or filed shall begin with a caption
setting forth the name of the court, the venue, the title of the action,
the nature of the paper and the index number of the action  if  one  has
been  assigned.  In a summons, a complaint or a judgment the title shall
include the names of all parties, but in all other papers  it  shall  be
sufficient  to state the name of the first named party on each side with
an appropriate indication of any omissions.
(d) Indorsement by attorney. Each  paper  served  or  filed  shall  be
indorsed with the name, address and telephone number of the attorney for
the  party  serving or filing the paper, or if the party does not appear
by attorney, with the name, address and telephone number of the party.
(e) Copies. Except where otherwise  specifically  prescribed,  copies,
rather  than  originals, of all papers, including orders, affidavits and
exhibits may be served or filed. Where it is required that the  original
be  served  or filed and the original is lost or withheld, the court may
authorize a copy to be served or filed.
(f) Defects in form; waiver. A defect in the form of  a  paper,  if  a
substantial  right of a party is not prejudiced, shall be disregarded by
the court, and leave to correct shall be freely given. The party on whom
a paper is served shall be deemed to have waived objection to any defect
in form unless, within fifteen days after the receipt thereof, the party
on whom the paper is served returns the paper to the  party  serving  it
with a statement of particular objections.
(g)  Service  by  electronic  means.  Each  paper  served  or filed by
electronic means, as defined  in  subdivision  (f)  of  rule  twenty-one
hundred  three,  shall be capable of being reproduced by the receiver so
as to comply with the provisions of subdivisions (a) through (d) of this
rule.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › R2102 - Filing of Papers.

Rule  2102. Filing of papers. (a) Except where otherwise prescribed by
law or order of court, papers required to be filed shall be  filed  with
the  clerk  of the court in which the action is triable. In an action or
proceeding in supreme or county court and in a proceeding not brought in
a court, papers required to be filed shall be filed with  the  clerk  of
the county in which the proceeding is brought.
(b)  A  paper  filed  in  accordance  with  the  rules  of  the  chief
administrator or any local rule or practice  established  by  the  court
shall be deemed filed. Where such rules or practice allow for the filing
of  a  paper  other  than  at the office of the clerk of the court, such
paper shall be transmitted to the clerk of the court.
(c) A clerk shall not refuse to accept for filing any paper  presented
for  that purpose except where specifically directed to do so by statute
or rules promulgated by the chief administrator of the courts, or  order
of the court.