CPLR 1328 · Article 13-A. Proceeds of a Crime-forfeiture
Discharge of attachment
Text — Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
§ 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 of truth
- Edition
- Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/CVP1328
- Text hash
- sha256 ed586f9e080990c4dac82033bf1cd66f58a80a0192fa1f568acf63cef6b3df42
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.