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 in the district 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.