N.Y. CPLR § 1329

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1329 Vacating or modifying attachment. 1 § 1329. Vacating or modifying attachment. 1. Motion to vacate ormodify. Prior to the application of property or debt to the satisfactionof a judgment, the defendant, the garnishee or any person having aninterest in the property or debt may move, on notice to each party andthe claiming agent, for an order vacating or modifying the order ofattachment. Upon the motion, the court may give the claiming authority areasonable opportunity to correct any defect. If, after the defendanthas appeared in the action, the court determines that the attachment isunnecessary to the security of the claiming authority, it shall vacatethe order of attachment. Such a motion shall not of itself constitute anappearance in the action.2. Burden of proof. Upon a motion to vacate or modify an order ofattachment the claiming authority shall have the burden of establishingthe grounds for the attachment, the need for continuing the levy and theprobability that he or she will succeed on the merits.