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Provisional Remedies in New York Toolkit
Practical Law Toolkit w-000-1584 (Approx. 7 pages)
Resources to help litigants draft and file applications for the provisional and quasi-provisional remedies of attachment, injunction, receivership and notice of pendency in New York Supreme Court.
Provisional remedies are interim remedies that protect a party (typically the plaintiff) during the pendency of an action. CPLR 6001 recognizes four provisional remedies, with the rules governing each contained in separate CPLR articles. These remedies are:
- Attachment (Article 62).
- Preliminary Injunction and Temporary Restraining Order (Article 63).
- Receivership (Article 64).
- Notice of Pendency (or lis pendens) (Article 65).
While not technically a provisional remedy, seizure of chattel, provided for in Article 71 of the CPLR, shares many of the same characteristics.
Other than the notice of pendency (which does not require court intervention), provisional remedies are typically only granted in extraordinary circumstances. They may sometimes be granted ex parte.
This toolkit includes resources:
- Explaining the nature of each remedy and when they are available.
- Explaining the procedure required to obtain each provisional remedy.
- Guiding the attorney through drafting the documents needed to apply for a provisional remedy.