§ 6223. Vacating or modifying attachment.

164 words·~1 min read·/ny/civil-practice-law-rules/attachment/6223

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Motion to vacate or

modify. Prior to the application of property or debt to the

satisfaction of a judgment, the defendant, the garnishee or any person

having an interest in the property or debt may move, on notice to each

party and the sheriff, for an order vacating or modifying the order of

attachment. Upon the motion, the court may give the plaintiff a

reasonable opportunity to correct any defect. If, after the defendant

has appeared in the action, the court determines that the attachment is

unnecessary to the security of the plaintiff, it shall vacate the order

of attachment. Such a motion shall not of itself constitute an

appearance in the action.

(b)Burden of proof. Upon a motion to vacate or modify an order of

attachment the plaintiff shall have the burden of establishing the

grounds for the attachment, the need for continuing the levy and the

probability that he will succeed on the merits.