§ 801 — Provisional remedies; procedure

New York § 801

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 8: Provisional Remedies

Text

§ 801. Provisional remedies; procedure.\n Whenever the remedies set forth in § 209 of this act may issue out of\nthis court under the terms of said section, practice and procedure\nthereon shall be governed, insofar as consistent with this act, by the\nCPLR and such other provisions of law governing practice and procedure\nthereon in the supreme court, subject to the following:\n (a) The remedy may be executed only within the county, against persons\nor property within the county.\n (b) When a return is required, the return shall be made to the clerk\nof this court in the district out of which the remedy issued.\n (c) 1. Where a notice of pendency may be filed with the county clerk,\npursuant to § 209(d) of this act, the original complaint shall be filed\nsimultaneously with such county clerk; service of summons shall\nthereafter be made within the time provided in CPLR § 6512. A copy of\nthe complaint shall be sufficient for the purpose of filing the same,\nafter service thereof, with the clerk of this court.\n 2. Where a notice of pendency is filed with the county clerk after the\naction has been commenced in this court, a copy of the complaint may be\nfiled therewith in lieu of the original complaint.\n