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This entry was published on 2014-09-22
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Kinds of provisional remedies; when remedy available to defendant
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 60
§ 6001. Kinds of provisional remedies; when remedy available to
defendant. The provisional remedies are attachment, injunction,
receivership and notice of pendency. On a motion for a provisional
remedy, the plaintiff shall state whether any other provisional remedy
has been secured or sought in the same action against the same
defendant, and the court may require the plaintiff to elect between
those remedies to which he would otherwise be entitled; for this
purpose, seizure of a chattel in an action to recover a chattel is a
provisional remedy. A cause of action contained in a counterclaim or a
cross-claim, and a judgment demanded thereon, shall entitle the
defendant to the same provisional remedies to which he would be entitled
if he were the plaintiff, the party against whom the judgment is
demanded were the defendant and the cause of action were contained in a