N.Y. CPLR § 1328

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1328 Discharge of attachment. 1 § 1328. Discharge of attachment. 1. A defendant whose property or debthas been levied upon may move, upon notice to the claiming authority andthe claiming agent, for any order discharging the attachment as to allor part of the property or debt upon payment of the claiming agent'sfees and expenses, if any. On such a motion, the defendant shall give anundertaking, in an amount equal to the value of the property or debtsought to be discharged, that the defendant will pay to the claimingauthority the amount of any judgment which may be recovered in theaction against him or her, not exceeding the amount of the undertaking.Making a motion or giving an undertaking under this section shall not ofitself constitute an appearance in the action.2. When a motion to discharge is made in the case of property leviedupon pursuant to a claimed violation of the tax law, the amount of theundertaking required shall be an amount equal to the lesser of:(a) The amount specified in subdivision one of this section; or(b) The aggregate amount of all unpaid tax and civil penalties forsuch violation.