N.Y. CPLR § 1318

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1318 Motion papers; filing; demand; damages. 1 § 1318. Motion papers; filing; demand; damages. 1. Affidavit; otherpapers. On a motion for an order of attachment, or for an order toconfirm an order of attachment, the claiming authority shall show, byaffidavit and such other written evidence as may be submitted, thatthere is a cause of action and showing grounds for relief as required bysection one thousand three hundred twelve of this article.2. Filing. Within ten days after the granting of an order ofattachment, the claiming authority shall file it and the affidavit andother papers upon which it was based and the summons and complaint orproposed complaint in the action. A court for good cause shown mayextend the time for such filing upon application of the claimingauthority. Unless the time for filing has been extended, the order shallbe invalid if not so filed, except that a person upon whom it is servedshall not be liable for acting upon it as if it were valid withoutknowledge of the invalidity.3. Demand for papers. At any time after property has been levied upon,the defendant may serve upon the claiming authority a written demandthat the papers upon which the order of attachment was granted and thelevy made be served upon him or her. As soon as practicable afterservice of the demand, the claiming authority shall cause the papersdemanded to be served by mailing the same to the address specified inthe demand. A demand under this subdivision shall not of itselfconstitute an appearance in the action.4. Damages. The claiming authority shall be liable to the defendantfor all costs and damages, including reasonable attorney's fees, whichmay be sustained by reason of the attachment if the defendant recoversjudgment, or if it is finally decided that the claiming a costs and damages, including reasonable attorney's fees, whichmay be sustained by reason of the attachment if the defendant recoversjudgment, or if it is finally decided that the claiming authority wasnot entitled to an attachment of the defendant's property. In order toestablish the claiming authority's liability, the defendant must proveby a preponderance of the evidence that in obtaining the order ofattachment the claiming authority acted without reasonable cause and notin good faith.