New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1329. Vacating or modifying attachment. 1. Motion to vacate or
modify. Prior to the application of property or debt to the satisfaction
of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each party and
the claiming agent, for an order vacating or modifying the order of
attachment. Upon the motion, the court may give the claiming authority a
reasonable opportunity to correct any defect. If, after the defendant
has appeared in the action, the court determines that the attachment is
unnecessary to the security of the claiming authority, it shall vacate
the order of attachment. Such a motion shall not of itself constitute an
appearance in the action.
2. Burden of proof. Upon a motion to vacate or modify an order of
attachment the claiming authority shall have the burden of establishing
the grounds for the attachment, the need for continuing the levy and the
probability that he or she will succeed on the merits.
