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6 Cards in this Set
- Front
- Back
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Attachment
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Req'ts: P seeks $ damages, AND
#1 D is an unlicensed foreign Corp/non-domicilary of NY, OR #2 D is about to conceal/move assets from NY w/ the intent to defraud creditors or frustrate the enforcement of a judgment Procedure: Motion for an order of attachment (MON or ex parte) - Affidavits must state one of the grounds for attachment - Affidavits must show a probability of success on the merits - P must post a bond to indemnify D for any damages/expenses caused by the attachment - If ex parte, P must make a follow up motion to confirm ex parte order within 10/5 days for #1/#2, or the order will become void |
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Preliminary Injunction
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Req'ts: P seeks to maintain status quo in an equity action where P seeks either
- A permanent-injunction, OR - D threatens to harm P's interest in the SM of the action Procedure: MON, may be served w/ or after summons - Affidavits must show grounds for equitable relief --- Threat of irreparable injury --- Inadequacy of remedies at law --- Balance of hardship favors P --- Relief serves public interest - Affidavits must demonstrate likelihood of success on the merits - P must post a bond to indemnify D for any damages/expenses caused |
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TRO
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Req'ts: P demonstrate that giving prior notice of TRO would result in significant prejudice to P
Procedure (ex parte): - P make motion for pre-inj by OSC and include in it the TRO (for immediate relief pending the outcome of the motion for pre-inj) - Affidavits must show grounds for equitable relief --- Threat of irreparable injury --- Inadequacy of remedies at law --- Balance of hardship favors P --- Relief serves public interest - Affidavits must demonstrate likelihood of success on the merits - P must post a bond to indemnify D for any damages/expenses caused |
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Temporary Receivership
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Req'ts: Equity claim
- Specific property is the SM of the action, AND - There is a danger that D will injure/destroy the value of the property while the action is pending Procedure: MoN |
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Replevin
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Req'ts: Insure enforcement of an equity judgment awarding possession of the chattel to P
Procedure: - Affidavits must show likelihood of success on the merits - P must post a bond to indemnify P - If motion is ex parte --- P must show threat of immediate loss of chattel --- If ex parte order is granted, P must make a follow up MoN w/in 5 days to confirm seizure |
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Notice of pendency (Lis pendency)
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Req'ts: Equity action w/ direct effect on real property (to give record notice to any potential buyers/mortgagees, and to render title unmarketable)
- In mortgage foreclosure actions, filing of lis pendency is req'd Procedure: - P files a notice of pendency w/ county clerk where the real property is located - P may file w/o a Ct order - NoP effective for 3 years after filing, P can move for 3-year extension but must make motion prior to expiration of original 3-year period |
