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This entry was published on 2014-09-22
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SECTION 6223
Vacating or modifying attachment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 62
§ 6223. Vacating or modifying attachment. (a) Motion to vacate or
modify. Prior to the application of property or debt to the
satisfaction of a judgment, the defendant, the garnishee or any person
having an interest in the property or debt may move, on notice to each
party and the sheriff, for an order vacating or modifying the order of
attachment. Upon the motion, the court may give the plaintiff a
reasonable opportunity to correct any defect. If, after the defendant
has appeared in the action, the court determines that the attachment is
unnecessary to the security of the plaintiff, it shall vacate the order
of attachment. Such a motion shall not of itself constitute an
appearance in the action.

(b) Burden of proof. Upon a motion to vacate or modify an order of
attachment the plaintiff shall have the burden of establishing the
grounds for the attachment, the need for continuing the levy and the
probability that he will succeed on the merits.