N.Y. Civil Practice Law & Rules § 1329: Vacating or modifying attachment

§ 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.