N.Y. CPLR § 1317

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1317 Order of attachment without notice. 1 § 1317. Order of attachment without notice. 1. When granted; contents.An order of attachment may be granted without notice, before or afterservice of summons and at any time prior to judgment. It shall specifythe amount to be secured by the order of attachment including anyinterest, costs and any claiming agent's fees and expenses, be endorsedwith the name and address of the claiming authority and shall bedirected to a claiming agent in any county or in the city of New Yorkwhere any property in which the defendant has an interest is located orwhere a garnishee may be served. The order shall direct the claimingagent to levy within his or her jurisdiction, at any time before finaljudgment, upon such property in which the defendant has an interest andupon such debts owing to the defendant as will satisfy the amountspecified in the order of attachment.2. Confirmation of order. An order of attachment granted withoutnotice shall provide that within a period not to exceed five days afterlevy, the claiming authority shall move, on such notice as the courtshall direct to the defendant, the garnishee, if any, and the claimingagent, for an order confirming the order of attachment. If the claimingauthority fails to make such motion within the required period, theorder of attachment and levy thereunder shall have no further effect andshall be vacated upon motion. Upon the motion to confirm, the provisionsof subdivision two of section one thousand three hundred twenty-nine ofthis article shall apply. An order of attachment granted without noticemay provide that the claiming agent refrain from taking any propertylevied upon into his actual custody, pending further order of the court.