1. The Laws of New York
  2. Court Acts
  3. New York City Civil Court
  4. Article 2: Jurisdiction


Section 209 Provisional remedies

New York City Civil Court (CCA)

(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

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

  (4) pursuant to section three hundred six of the multiple dwelling law, or article fifty-three of the housing maintenance code of the administrative code of the city of New York 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 for the foreclosure of a mortgage on real property, brought pursuant to the provisions of § 203 (b) of this act, or in an action brought pursuant to subdivision five of section three hundred nine of the multiple dwelling law, relative to the appointment of a receiver for the recovery of costs, expenses and disbursements incurred by the city of New York 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. The city department charged with the enforcement of the multiple dwelling law, housing maintenance code, and other state and local laws applicable to the enforcement of proper housing standards may file a notice of pendency as authorized by section 308 of the multiple dwelling law or section D26-50.07 of the housing maintenance code of the administrative code of the city of New York.