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This entry was published on 2014-09-22
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Provisional remedies and defenses in subsequent action against co-obligor
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 15
§ 1502. Provisional remedies and defenses in subsequent action against
co-obligor. A subsequent action against a co-obligor who was not
summoned in the original action must be maintained in order to procure a
judgment enforceable against his individually held property for the sum
remaining unpaid upon the original judgment, and such action shall be
regarded as based upon the same obligation, contract or liability as the
original judgment for the purpose of obtaining any provisional remedy.
The complaint in the subsequent action shall be verified. The defendant
in the subsequent action may raise any defenses or counterclaims that he
might have raised in the original action if the summons had been served
on him when it was first served on a co-obligor, and may raise
objections to the original judgment, and defenses or counterclaims that
have arisen since it was entered.