New York Laws
Article 13-A - Proceeds of a Crime-Forfeiture
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.

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