N.Y. CPLR § 1502

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1502 Provisional remedies and defenses in subsequent action againstco-obligor § 1502. Provisional remedies and defenses in subsequent action againstco-obligor. A subsequent action against a co-obligor who was notsummoned in the original action must be maintained in order to procure ajudgment enforceable against his individually held property for the sumremaining unpaid upon the original judgment, and such action shall beregarded as based upon the same obligation, contract or liability as theoriginal judgment for the purpose of obtaining any provisional remedy.The complaint in the subsequent action shall be verified. The defendantin the subsequent action may raise any defenses or counterclaims that hemight have raised in the original action if the summons had been servedon him when it was first served on a co-obligor, and may raiseobjections to the original judgment, and defenses or counterclaims thathave arisen since it was entered.