Statute · New York Debtor & Creditor Law
N.Y. Debt. & Cred. Law § 88 — Invalidity may be proved on motion to vacate order of arrest or execution
N.Y. Debt. & Cred. Law § 88
- Type
- Statute
- Source
- New York Debtor & Creditor Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 88. Invalidity may be proved on motion to vacate order of arrest or execution. Where a person, who has been discharged as prescribed in this article, is afterwards arrested by virtue of an order of arrest made, or an execution issued, in an action founded upon a debt or liability from which he…
Citator
N.Y. Debt. & Cred. Law § 88 — Invalidity may be proved on motion to vacate order of arrest or execution is in force in the current edition of the Code, and nothing recorded condemns it.
§ 88. Invalidity may be proved on motion to vacate order of arrest or execution. Where a person, who has been discharged as prescribed in this article, is afterwards arrested by virtue of an order of arrest made, or an execution issued, in an action founded upon a debt or liability from which he is so discharged, the adverse party may oppose his application to be released from the arrest, by proof, by affidavit, of any cause for avoiding the discharge, for want of jurisdiction, or as specified in the last section. If such a cause is established, the application must be denied.