Statute · New York Civil Practice Law & Rules

N.Y. C.P.L.R. 1314 — Attaching creditor's rights in personal property

N.Y. C.P.L.R. 1314

Type
Statute
Source
New York Civil Practice Law & Rules
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

§ 1314. Attaching creditor's rights in personal property. Where the claiming authority has delivered an order of attachment to a claiming agent, the claiming authority's rights in a debt owed to a defendant or in an interest of a defendant in personal property against which debt or property a…

Citator

N.Y. C.P.L.R. 1314 — Attaching creditor's rights in personal property is in force in the current edition of the Code, and nothing recorded condemns it.

§ 1314. Attaching creditor's rights in personal property. Where the claiming authority has delivered an order of attachment to a claiming agent, the claiming authority's rights in a debt owed to a defendant or in an interest of a defendant in personal property against which debt or property a judgment may be enforced, are superior to the extent of the amount of the attachment to the rights of any transferee of the debt or property, except:

1. A transferee who acquired the debt or property before it was levied upon for fair consideration and without knowledge of the order of attachment; or

2. A transferee who acquired the debt or property for fair consideration after it was levied upon without knowledge of the levy while it was not in the possession of the claiming agent.