Section 801. Provisional remedies; procedure  


Latest version.
  • Whenever the remedies set
      forth in § 209 of this act may issue out of this court under  the  terms
      of  said  section,  practice  and  procedure  thereon shall be governed,
      insofar as consistent  with  this  act,  by  the  CPLR  and  such  other
      provisions  of  law  governing  practice  and  procedure  thereon in the
      supreme court, subject to the following:
        (a) The remedy may be executed only  within  the  city  of  New  York,
      against persons or property within the city of New York.
        (b)  When  a return is required, the return shall be made to the clerk
      of this court in the county out of which the remedy issued.
        (c) 1. Where a notice of pendency may be filed with the county  clerk,
      pursuant to § 209 (d) of this act, the original complaint shall be filed
      simultaneously   with  such  county  clerk;  service  of  summons  shall
      thereafter be made within the time provided in CPLR § 6512.  A  copy  of
      the  complaint  shall  be sufficient for the purpose of filing the same,
      after service thereof, with the clerk of this court.
        2. Where a notice of pendency is filed with the county clerk after the
      action has been commenced in this court, a copy of the complaint may  be
      filed therewith in lieu of the original complaint.