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Statutes » New York » CVP Law » Article 13-A

N.Y. CVP Law § 1329

This is the official text of N.Y. CVP Law § 1329, part of New York’s CVP Law — part of the compiled statutory law of New York, published by the state as "CVP Law." Browse the sections below, each linked to its official government source.

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Vacating or modifying attachment

Official statutory text

§ 1329. Vacating or modifying attachment. 1. Motion to vacate or\nmodify. Prior to the application of property or debt to the satisfaction\nof a judgment, the defendant, the garnishee or any person having an\ninterest in the property or debt may move, on notice to each party and\nthe claiming agent, for an order vacating or modifying the order of\nattachment. Upon the motion, the court may give the claiming authority a\nreasonable opportunity to correct any defect. If, after the defendant\nhas appeared in the action, the court determines that the attachment is\nunnecessary to the security of the claiming authority, it shall vacate\nthe order of attachment. Such a motion shall not of itself constitute an\nappearance in the action.\n 2. Burden of proof. Upon a motion to vacate or modify an order of\nattachment the claiming authority shall have the burden of establishing\nthe grounds for the attachment, the need for continuing the levy and the\nprobability that he or she will succeed on the merits.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.