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 county against persons
      or property within the county.
        (b) When a return is required, the return shall be made to  the  clerk
      of this court.
        (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.