This text of New York § 209 (Provisional remedies) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 209. Provisional remedies.\n (a) Attachment, arrest, seizure of chattel. An order of attachment or\nof arrest, a warrant to seize a chattel as provided in § 207 of the lien\nlaw, and an order of seizure of a chattel may issue out of this court if\nsuch remedy might issue out of supreme court in a like case.\n (b) Injunction or restraining order. No injunction or restraining\norder or notice shall issue out of or by this court unless:\n (1) pursuant to §§ 7102(d), 7103(c) and 7109 of the CPLR, in\nconjunction with the recovery of a chattel; or\n (2) pursuant to § 211 of the Real Property Actions and Proceedings\nLaw, in conjunction with the prevention of waste; or\n (2-a) the activity complained of has as its basis a violation of local\nlaw or ordinance relating to land use, building
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§ 209. Provisional remedies.\n (a) Attachment, arrest, seizure of chattel. An order of attachment or\nof arrest, a warrant to seize a chattel as provided in § 207 of the lien\nlaw, and an order of seizure of a chattel may issue out of this court if\nsuch remedy might issue out of supreme court in a like case.\n (b) Injunction or restraining order. No injunction or restraining\norder or notice shall issue out of or by this court unless:\n (1) pursuant to §§ 7102(d), 7103(c) and 7109 of the CPLR, in\nconjunction with the recovery of a chattel; or\n (2) pursuant to § 211 of the Real Property Actions and Proceedings\nLaw, in conjunction with the prevention of waste; or\n (2-a) the activity complained of has as its basis a violation of local\nlaw or ordinance relating to land use, building regulation or fire\nprevention in which case, upon the motion of the prosecuting attorney in\naccordance with CPLR article 63, the court may issue a preliminary\ninjunction or a temporary restraining order restraining such activity;\nor\n (3) pursuant to § 1508 of this act, in conjunction with an enforcement\nproceeding; or\n (4) pursuant to § 306 of the multiple dwelling law, as applicable, or\npursuant to the multiple residence law, as applicable, or pursuant to\napplicable provisions of local housing maintenance codes, in conjunction\nwith enforcement of housing standards.\n (c) Receivers. No receiver shall be appointed by this court except\npursuant to § 1508 of this act, relative to an enforcement proceeding,\nor in an action brought pursuant to subdivision 5 of § 309 of the\nmultiple dwelling law, as applicable, relative to the appointment of a\nreceiver for the recovery of costs, expenses and disbursements incurred\nby any political subdivision of the state in the elimination or\ncorrection of a nuisance or in the removal or demolition of a building\npursuant thereto.\n (d) Notice of pendency. A notice of pendency may be filed with the\ncounty clerk, as provided in article 65 of the CPLR, in any action\nwithin the court's jurisdiction in which the same might be filed in a\nlike action in the supreme court.\n