§ 6212 — Motion papers; undertaking; filing; demand; damages

New York § 6212

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 62: Attachment

Text

Rule 6212. Motion papers; undertaking; filing; demand; damages. (a)\nAffidavit; other papers. On a motion for an order of attachment, or for\nan order to confirm an order of attachment, the plaintiff shall show, by\naffidavit and such other written evidence as may be submitted, that\nthere is a cause of action, that it is probable that the plaintiff will\nsucceed on the merits, that one or more grounds for attachment provided\nin section 6201 exist, and that the amount demanded from the defendant\nexceeds all counterclaims known to the plaintiff.\n (b) Undertaking. On a motion for an order of attachment, the plaintiff\nshall give an undertaking, in a total amount fixed by the court, but not\nless than five hundred dollars, a specified part thereof conditioned\nthat the plaintiff shall pay to the defendant all costs and damages,\nincluding reasonable attorney's fees, which may be sustained by reason\nof the attachment if the defendant recovers judgment or if it is finally\ndecided that the plaintiff was not entitled to an attachment of the\ndefendant's property, and the balance conditioned that the plaintiff\nshall pay to the sheriff all of his allowable fees. The attorney for the\nplaintiff shall not be liable to the sheriff for such fees. The surety\non the undertaking shall not be discharged except upon notice to the\nsheriff.\n (c) Filing. Within ten days after the granting of an order of\nattachment, the plaintiff shall file it and the affidavit and other\npapers upon which it was based and the summons and complaint in the\naction. Unless the time for filing has been extended, the order shall\nbe invalid if not so filed, except that a person upon whom it is served\nshall not be liable for acting upon it as if it were valid without\nknowledge of the invalidity.\n (d) Demand for papers. At any time after property has been levied\nupon, the defendant may serve upon the plaintiff a written demand that\nthe papers upon which the order of attachment was granted and the levy\nmade be served upon him. Not more than one day after service of the\ndemand, the plaintiff shall cause the papers demanded to be served at\nthe address specified in the demand. A demand under this subdivision\nshall not of itself constitute an appearance in the action.\n (e) Damages. The plaintiff shall be liable to the defendant for all\ncosts and damages, including reasonable attorney's fees, which may be\nsustained by reason of the attachment if the defendant recovers\njudgment, or if it is finally decided that the plaintiff was not\nentitled to an attachment of the defendant's property. Plaintiff's\nliability shall not be limited by the amount of the undertaking.\n