Section 209. Provisional remedies  


Latest version.
  • (a)  Attachment, arrest, seizure of chattel. An order of attachment or
      of arrest, a warrant to seize a chattel as provided in § 207 of the lien
      law, and an order of seizure of a chattel may issue out of this court if
      such remedy might issue out of supreme court in a like case.
        (b) Injunction or restraining  order.  No  injunction  or  restraining
      order or notice shall issue out of or by this court unless:
        (1)  pursuant  to  §§  7102(d),  7103(c)  and  7109  of  the  CPLR, in
      conjunction with the recovery of a chattel; or
        (2) pursuant to § 211 of the Real  Property  Actions  and  Proceedings
      Law, in conjunction with the prevention of waste; or
        (2-a) the activity complained of has as its basis a violation of local
      law  or  ordinance  relating  to  land  use, building regulation or fire
      prevention in which case, upon the motion of the prosecuting attorney in
      accordance with CPLR article 63,  the  court  may  issue  a  preliminary
      injunction  or  a temporary restraining order restraining such activity;
      or
        (3) pursuant to § 1508 of this act, in conjunction with an enforcement
      proceeding; or
        (4) pursuant to § 306 of the multiple dwelling law, as applicable,  or
      pursuant  to  the  multiple residence law, as applicable, or pursuant to
      applicable provisions of local housing maintenance codes, in conjunction
      with enforcement of housing standards.
        (c) Receivers. No receiver shall be appointed  by  this  court  except
      pursuant  to  § 1508 of this act, relative to an enforcement proceeding,
      or in an action brought pursuant to  subdivision  5  of  §  309  of  the
      multiple  dwelling  law, as applicable, relative to the appointment of a
      receiver for the recovery of costs, expenses and disbursements  incurred
      by  any  political  subdivision  of  the  state  in  the  elimination or
      correction of a nuisance or in the removal or demolition of  a  building
      pursuant thereto.
        (d)  Notice  of  pendency.  A notice of pendency may be filed with the
      county clerk, as provided in article 65  of  the  CPLR,  in  any  action
      within  the  court's  jurisdiction in which the same might be filed in a
      like action in the supreme court.