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New York Consolidated Laws, Uniform District Court Act - UDC § 209. Provisional remedies

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(a) Attachment, arrest, seizure of chattel.  An order of attachment or of arrest, a warrant to seize a chattel as provided in § 207 of the lien law, and an order of seizure of a chattel may issue out of this court if such remedy might issue out of supreme court in a like case.

(b) Injunction or restraining order.  No injunction or restraining order or notice shall issue out of or by this court unless:

(1) pursuant to §§ 7102(d), 7103(c) and 7109 of the CPLR, in conjunction with the recovery of a chattel;  or

(2) pursuant to § 211 of the Real Property Actions and Proceedings Law, in conjunction with the prevention of waste;  or

(2-a) the activity complained of has as its basis a violation of local law or ordinance relating to land use, building regulation or fire prevention in which case, upon the motion of the prosecuting attorney in accordance with CPLR article 63, the court may issue a preliminary injunction or a temporary restraining order restraining such activity;  or

(3) pursuant to § 1508 of this act, in conjunction with an enforcement proceeding;  or

(4) pursuant to § 306 of the multiple dwelling law, as applicable, or pursuant to the multiple residence law, as applicable, or pursuant to applicable provisions of local housing maintenance codes, in conjunction with enforcement of housing standards.

(c) Receivers.  No receiver shall be appointed by this court except pursuant to § 1508 of this act, relative to an enforcement proceeding, or in an action brought pursuant to subdivision 5 of § 309 of the multiple dwelling law, as applicable, relative to the appointment of a receiver for the recovery of costs, expenses and disbursements incurred by any political subdivision of the state in the elimination or correction of a nuisance or in the removal or demolition of a building pursuant thereto.

(d) Notice of pendency.  A notice of pendency may be filed with the county clerk, as provided in article 65 of the CPLR, in any action within the court's jurisdiction in which the same might be filed in a like action in the supreme court.

Cite this article: - New York Consolidated Laws, Uniform District Court Act - UDC § 209. Provisional remedies - last updated January 01, 2021 |

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