CPLR: Provisional remedies

Question 1

List the 5 provisional remedies

Answer 1

RAINS

receivership; attachment; injunction; notice of pendency; seizure of chattel

Question 2

Receivership

Answer 2

upon motion in the supreme/county court, if the court finds that there is a danger that the property will be removed from the state or materially damaged, the court may grant a receiver to take charge of the property during the pendency of the action

Question 3

Attachment

Answer 3

an order of attachment may be granted in any action except a matrimonial one. The plaintiff is entitled to attachment when he has demanded and would be entitled to a money judgment against one or more defendants

Question 4

injunctions

Answer 4

a preliminary injunction can be entered in any action where it appears that the D may violate the plaintiff’s rights in connection with the subject of the action
TRO may be granted while a hearing from injunction is pending

Question 5

Notice of pendency

Answer 5

A notice filed in the recorder of deeds regarding pending litigation that ay give the party an interest in the real property against which the notice is filed