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CRITERIA FOR AN ORDER OF ATTACHMENT EXPLAINED.

The Second Department, affirming Supreme Court, determined the motion for an order of attachment was properly granted. The court explained the analytical criteria:

Attachment is a provisional remedy designed to secure a debt by preliminary levy upon the property of the debtor to conserve it for eventual execution, and the courts have strictly construed the attachment statute in favor of those against whom it may be employed … . In order to be granted an order of attachment under CPLR 6201(3), a “plaintiff must demonstrate that the defendant has concealed or is about to conceal property in one or more of several enumerated ways, and has acted or will act with the intent to defraud creditors or to frustrate the enforcement of a judgment that might be rendered in favor of the plaintiff” … .  In addition to proving fraudulent intent, the plaintiff must show a probability of success on the merits … . Hume v 1 Prospect Park ALF, LLC, 2016 NY Slip Op 02055, 2nd Dept 3-23-16

CIVIL PROCEDURE (CRITERIA FOR AN ORDER OF ATTACHMENT EXPLAINED)/DEBTOR-CREDITOR (CRITERIA FOR AN ORDER OF ATTACHMENT EXPLAINED)/ATTACHMENT (CRITERIA FOR AN ORDER OF ATTACHMENT EXPLAINED)

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DEFENSE COUNSEL INEFFECTIVE FOR CONCEDING DEFENDANT SUFFERS FROM A DANGEROUS MENTAL DISORDER; COUNTY COURT SHOULD HAVE HELD THE MANDATORY STATUTORY HEARING; APPEAL IS NOT ACADEMIC BECAUSE OF LASTING CONSEQUENCES OF THE ‘DANGEROUS MENTAL DISORDER’ FINDING (SECOND DEPT).

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