N.Y. CVP Law § 6223
This is the official text of N.Y. CVP Law § 6223, 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
§ 6223. Vacating or modifying attachment. (a) Motion to vacate or\nmodify. Prior to the application of property or debt to the\nsatisfaction of a judgment, the defendant, the garnishee or any person\nhaving an interest in the property or debt may move, on notice to each\nparty and the sheriff, for an order vacating or modifying the order of\nattachment. Upon the motion, the court may give the plaintiff 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 plaintiff, it shall vacate the order\nof attachment. Such a motion shall not of itself constitute an\nappearance in the action.\n (b) Burden of proof. Upon a motion to vacate or modify an order of\nattachment the plaintiff shall have the burden of establishing the\ngrounds for the attachment, the need for continuing the levy and the\nprobability that he will succeed on the merits.\n
Status: in_force · Read it on the official government site
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