N.Y. Civil Practice Law & Rules Section 1328
Discharge of attachment

1.

A defendant whose property or debt has been levied upon may move, upon notice to the claiming authority and the claiming agent, for any order discharging the attachment as to all or part of the property or debt upon payment of the claiming agent’s fees and expenses, if any. On such a motion, the defendant shall give an undertaking, in an amount equal to the value of the property or debt sought to be discharged, that the defendant will pay to the claiming authority the amount of any judgment which may be recovered in the action against him or her, not exceeding the amount of the undertaking. Making a motion or giving an undertaking under this section shall not of itself constitute an appearance in the action.

2.

When a motion to discharge is made in the case of property levied upon pursuant to a claimed violation of the tax law, the amount of the undertaking required shall be an amount equal to the lesser of:

(a)

The amount specified in subdivision one of this section; or

(b)

The aggregate amount of all unpaid tax and civil penalties for such violation.

Source: Section 1328 — Discharge of attachment, https://www.­nysenate.­gov/legislation/laws/CVP/1328 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

1310
Definitions 1311
Forfeiture actions 1311‑A
Subpoena duces tecum 1311‑B
Money judgment 1312
Provisional remedies 1313
Debt or property subject to attachment 1314
Attaching creditor’s rights in personal property 1315
Discharge of garnishee’s obligation 1316
Order of attachment on notice 1317
Order of attachment without notice 1318
Motion papers 1319
Service of summons 1320
Levy upon personal property by service of order 1321
Levy upon personal property by seizure 1322
Levy upon real property 1323
Additional undertaking to carrier garnishee 1324
Claiming agent’s duties after levy 1325
Garnishee’s statement 1326
Disclosure 1327
Proceedings to determine adverse claims 1328
Discharge of attachment 1329
Vacating or modifying attachment 1330
Annulment of attachment 1331
Return of property 1332
Disposition of attachment property after execution issued 1333
Grounds for preliminary injunction and temporary restraining order 1334
Motion papers 1335
Temporary restraining order 1336
Vacating or modifying preliminary injunction or temporary restraining order 1337
Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order 1338
Appointment and powers of temporary receiver 1339
Oath 1340
Undertaking 1341
Accounts 1342
Removal 1343
Notice of pendency 1344
Filing, content and indexing of notice of pendency 1345
Service of summons 1346
Duration of notice of pendency 1347
Motion for cancellation of notice of pendency 1348
Undertaking for cancellation of notice of pendency 1349
Disposal of property 1350
Rules of procedure 1351
Application of article 1352
Preservation of other rights and remedies
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 1328’s source at nysenate​.gov

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