The provisional remedies are attachment, injunction, receivership and notice of pendency. On a motion for a provisional remedy, the plaintiff shall state whether any other provisional remedy has been secured or sought in the same action against the same defendant, and the court may require the plaintiff to elect between those remedies to which he would otherwise be entitled; for this purpose, seizure of a chattel in an action to recover a chattel is a provisional remedy. A cause of action contained in a counterclaim or a cross-claim, and a judgment demanded thereon, shall entitle the defendant to the same provisional remedies to which he would be entitled if he were the plaintiff, the party against whom the judgment is demanded were the defendant and the cause of action were contained in a complaint.
§ 6001.Kinds of provisional remedies; when remedy available to defendant.
Article 60. Provisional Remedies Generally · Last amended 1984 · Last verified July 21, 2026
In one sentenceCPLR 6001 identifies attachment, injunction, receivership, and notice of pendency as New York's provisional remedies, requires a plaintiff seeking one to disclose any others already sought against the same defendant, and gives a defendant with a counterclaim or cross-claim the same access to those remedies as a plaintiff.
Full Text of CPLR 6001
Plain-English Summary
Before a lawsuit ends in judgment, a party sometimes needs the court to freeze the situation, hold property, restrain conduct, or put the public on notice, so that a win later isn't hollow. CPLR 6001 opens Article 60 by naming the tools New York law makes available for that purpose: attachment, injunction, receivership, and notice of pendency. Each has its own article later in the CPLR, but this section frames them as a single family of remedies with shared ground rules.
The first rule addresses overlap. When a plaintiff moves for a provisional remedy, they have to tell the court whether they've already obtained or sought another provisional remedy in the same action against the same defendant. Armed with that disclosure, the court can require the plaintiff to choose among the remedies otherwise available, rather than piling on more than one at once. The section treats seizing a chattel in an action to recover it as a provisional remedy for this purpose too, even though it isn't named in the opening list.
The second rule levels the field between plaintiffs and defendants. A defendant who asserts a counterclaim or cross-claim, and who demands judgment on it, gets the same access to provisional remedies as if that defendant were the plaintiff pursuing the claim from scratch, the other party were the defendant, and the counterclaim or cross-claim were a complaint. Provisional remedies aren't a plaintiff-only tool; anyone with a live claim for relief in the action can reach for them.
Frequently Asked Questions
What provisional remedies are available in a New York lawsuit?
Attachment, injunction, receivership, and notice of pendency, each governed by its own CPLR article, with CPLR 6001 naming all four as the recognized set.
Can a defendant get a provisional remedy in a New York case?
Yes. A defendant who brings a counterclaim or cross-claim and demands judgment on it can seek the same provisional remedies as a plaintiff would.
Can a plaintiff seek more than one provisional remedy at the same time?
A plaintiff must disclose whether another provisional remedy has already been secured or sought against the same defendant in the action, and the court can require the plaintiff to elect among them.
Is seizing property in a replevin action a provisional remedy?
Yes. CPLR 6001 treats seizure of a chattel in an action to recover a chattel as a provisional remedy for purposes of the disclosure and election rule.
What's the difference between attachment, injunction, receivership, and notice of pendency?
Attachment reaches a defendant's property to secure a judgment, injunction restrains conduct, receivership puts property under court-appointed management, and notice of pendency puts the public on notice that title to real property is in dispute.
Do I have to disclose other provisional remedies I've already sought?
Yes. A plaintiff moving for a provisional remedy must state whether another provisional remedy has already been secured or sought in the same action against the same defendant.
Where are the specific rules for each provisional remedy found?
CPLR 6001 is the general gateway. Attachment is governed by CPLR article 62, injunctions by article 63, receivership by article 64, and notice of pendency by article 65.
Advisory Committee Notes
The Legislature abolished the provisional remedy of civil arrest in 1979 by repealing Article 61 of the CPLR. The amendments of CPLR 3222(b) (1) and CPLR 6001 are proposed merely to conform these sections to reflect the 1979 repeal of the provisional remedy of civil arrest. CPLR 3222(b) (1), governing the submission on agreed facts (a procedure which dispenses with summons service and other adversary proceedings), makes certain provisional remedies unavailable. Arrest was among them, but since arrest no longer exists as a remedy, the reference to it should be eliminated. CPLR 6001 lists the official provisional remedies. It still refers to arrest. The amendment would strike the reference.
(See also Advisory Committee notes preceding this section.) The first sentence of this section is new. Cf. CPA § 814. Notice of pendency has been included in article 65. The second and third sentences of this section are based upon CPA §§ 823 and 824, respectively. No change of substance is intended.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1984, ch 313, § 2, eff July 3, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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