NYP 8.txt

• Attachment
• Preliminary injunction
• Temporary receivership
• Order to seize chattel in an action to recover the chattel
• Notice of pendency

1) ORDER from a court that authorizes a NY Sheriff to impose a lien on ∆'s property in NY. This gives π a security interest in property that is superior to that of any subsequent lien-holder

2) ANY PROPERTY IN NY, whether real or personal, can be attached

1) Sheriff files an ORDER OF ATTACHMENT with the clerk of the county where the real property is located

2) ACTUAL seizure, or constructive seizure (delivery of order of attachment to person who holds ∆'s property interest)

Actions for MONEY damages where

• ∆ is an unlicensed foreign corporation, OR
• ∆ is a non-domiciliary residing outside NY, OR
• ∆ is about to conceal or remove assets from NY with intent to defraud creditors, or frustrate enforcement of justice

1) π MOVES for an order of attachment

• 2) MOTION MUST INCLUDE:
• (i) affidavits showing money damages, identity of ∆, or ∆'s intent to conceal or remove assets from NY
• (ii) probability of success on merits of action
• (iii) undertaking by π (i.e., π must post bond to indemnify ∆ from damages)

3) FOLLOW-UP MOTION TO CONFIRM—within 10 days of levy (for unlicensed corporations or non-domiciliary) or 5 days of levy (for fraudulent movement or concealment of assets)

1) MAINTAIN STATUS QUO in an

• 2) EQUITY action where the π's complaint seeks–
• (i) a permanent injunction, OR
• (ii) ∆ threatens harm to π's interest in the subject matter of the action

• (1) MOTION on notice served with or after the summons
• (2) GROUNDS for equitable relief (including irreparable injury)
• (3) LIKELIHOOD OF SUCCESS on the merits
• (4) UNDERTAKING to indemnify ∆ for damages if it is later determined that P/L should not have been granted

• In a case where there is a threat of immediate, irreparable harm, π may request a TRO ex parte.
• Procedure:
• (1) π commences action for equitable relief
• (2) Move for PL in through an Order to Show Cause (OTSC)
• (3) In the OTSC, request TRO to obtain immediate injunctive relief.

OTSC must contain an affidavit that there will be significant prejudice to the party seeking TRO if notice is provided to the adversary.

1) A PERSON appointed by the court to manage ∆'s property pending the outcome of an EQUITY ACTION, in which the property is the subject of the action

• 2) AVAILABLE IN AN ACTION WHERE–
• (i) π asserts an equity claim in which specific property is the subject matter of the action, AND
• (iii) Danger that ∆ will injure or destroy the value of the property while the action is pending

• Motion on notice
• Grounds for equitable relief (property is subject of equity action, irreparable harm to property)
• Likelihood of success on merits of claim
• Undertaking to indemnify ∆

1) ACTION FOR REPLEVIN

• 2) PROCEDURE FOR OBTAINING–
• Motion on notice (or ex parte)
• Likelihood of success on merits
• Undertaking to indemnify ∆

• (1) Show threat of immediate loss of chattel
• (2) Make follow-up motion in ORDER TO SHOW CAUSE to confirm seizure within 5 DAYS of impoundment (to satisfy due process)

EQUITY ACTIONS in which the judgment will have a DIRECT EFFECT on title, possession, or use of real property

RECORD NOTICE to potential buyers or mortgagees that any interest in the property may be subordinate to that of π

π can move for a 3-year extension PRIOR to expiration of the original 3-year period.

• If original 3-year period expires:
• (1) The notice of pendency becomes void and has no further effect; AND
• (2) π cannot obtain another notice of pendency on the same property for the same cause of action.

EXCEPTION: In a mortgage foreclosure action, the court may grant a motion for a new notice of pendency even though the original notice expired without renewal.

THREE YEARS after filing.

π files notice of pendency with county clerk where real property is located

• No court order required
• No undertaking (i.e., posting of bond) is required