N.Y. Civil Practice Law & Rules § 1502: Provisional remedies and defenses in subsequent action against co-obligor

§ 1502. Provisional remedies and defenses in subsequent action against

co-obligor. A subsequent action against a co-obligor who was not

summoned in the original action must be maintained in order to procure a

judgment enforceable against his individually held property for the sum

remaining unpaid upon the original judgment, and such action shall be

regarded as based upon the same obligation, contract or liability as the

original judgment for the purpose of obtaining any provisional remedy.

The complaint in the subsequent action shall be verified. The defendant

in the subsequent action may raise any defenses or counterclaims that he

might have raised in the original action if the summons had been served

on him when it was first served on a co-obligor, and may raise

objections to the original judgment, and defenses or counterclaims that

have arisen since it was entered.