N.Y. CPLR § 1327

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1327 Proceedings to determine adverse claims § 1327. Proceedings to determine adverse claims. Prior to theapplication of property or debt to the satisfaction of a judgment, anyperson, other than a party to the action, who has an interest in theproperty subject to forfeiture may commence a special proceeding againstthe claiming authority to determine the rights of adverse claimants tothe property or debt, and in such proceeding shall serve a notice ofpetition upon the claiming agent and upon each party in the same manneras a notice of motion. The proceeding may be commenced in the countywhere the property was levied upon, or in the county where the order ofattachment is filed. The court may vacate or discharge the attachment,void the levy, direct the disposition of the property or debt, directthat undertakings be provided or released, or direct that damages beawarded. Where there appear to be disputed questions of fact, the courtshall order a separate trial, indicating the person who shall havepossession of the property pending a decision and the undertaking, ifany, which such person shall give. If the court determines that theadverse claim was fraudulent or made without any reasonable basiswhatsoever, it may require the claimant to pay the claiming authoritythe reasonable expenses incurred in the proceeding, including reasonableattorney's fees, and any other damages suffered by reason of the claim.The commencement of the proceeding shall not of itself subject theadverse claimant to personal jurisdiction with respect to any matterother than the claim asserted in the proceeding.