Legislation
SECTION 209
Provisional remedies
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 2
§ 209. Provisional remedies.
(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.
(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.