N.Y. CPLR § 6221

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6221 Proceedings to determine adverse claims § 6221. Proceedings to determine adverse claims. Prior to theapplication of property or debt to the satisfaction of a judgment, anyinterested person may commence a special proceeding against theplaintiff to determine the rights of adverse claimants to the propertyor debt. Service of process in such a proceeding shall be made byserving a notice of petition upon the sheriff and upon each party in thesame manner as a notice of motion. The proceeding may be commenced inthe county where the property was levied upon, or in the county wherethe order of attachment is filed. The court may vacate or discharge theattachment, void the levy, direct the disposition of the property ordebt, direct that undertakings be provided or released, or direct thatdamages be awarded. Where there appear to be disputed questions of fact,the court shall order a separate trial, indicating the person who shallhave possession of the property pending a decision and the undertaking,if any, which such person shall give. If the court determines that theadverse claim was fraudulent, it may require the claimant to pay theplaintiff the reasonable expenses incurred in the proceeding, includingreasonable attorney's fees, and any other damages suffered by reason ofthe claim. The commencement of the proceeding shall not of itselfsubject the adverse claimant to personal jurisdiction with respect toany matter other than the claim asserted in the proceeding.