N.Y. Civil Practice Law & Rules § 1318: Motion papers; filing; demand; damages

§ 1318. Motion papers; filing; demand; damages. 1. Affidavit; other

papers. On a motion for an order of attachment, or for an order to

confirm an order of attachment, the claiming authority shall show, by

affidavit and such other written evidence as may be submitted, that

there is a cause of action and showing grounds for relief as required by

section one thousand three hundred twelve of this article.

2. Filing. Within ten days after the granting of an order of

attachment, the claiming authority shall file it and the affidavit and

other papers upon which it was based and the summons and complaint or

proposed complaint in the action. A court for good cause shown may

extend the time for such filing upon application of the claiming

authority. Unless the time for filing has been extended, the order shall

be invalid if not so filed, except that a person upon whom it is served

shall not be liable for acting upon it as if it were valid without

knowledge of the invalidity.

3. Demand for papers. At any time after property has been levied upon,

the defendant may serve upon the claiming authority a written demand

that the papers upon which the order of attachment was granted and the

levy made be served upon him or her. As soon as practicable after

service of the demand, the claiming authority shall cause the papers

demanded to be served by mailing the same to the address specified in

the demand. A demand under this subdivision shall not of itself

constitute an appearance in the action.

4. Damages. The claiming authority shall be liable to the defendant

for all costs and damages, including reasonable attorney's fees, which

may be sustained by reason of the attachment if the defendant recovers

judgment, or if it is finally decided that the claiming authority was

not entitled to an attachment of the defendant's property. In order to

establish the claiming authority's liability, the defendant must prove

by a preponderance of the evidence that in obtaining the order of

attachment the claiming authority acted without reasonable cause and not

in good faith.