Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the transfer of assets by a garnishee as provided in subdivision (b) of section 6214. The contents of the order of attachment granted pursuant to this section shall be as provided in subdivision (a) of section 6211.
§ 6210.Order of attachment on notice; temporary restraining order; contents.
Article 62. Attachment · Last amended 1977 · Last verified July 21, 2026
In one sentenceCPLR 6210 lets a plaintiff who moves on notice for an order of attachment also ask the court for a temporary restraining order, granted without notice to the defendant, stopping a garnishee from transferring the defendant's assets.
Full Text of CPLR 6210
Plain-English Summary
Attachment ordinarily comes in two flavors: an application on notice to the defendant, or an emergency application without notice under CPLR 6211. CPLR 6210 addresses the on-notice route and closes a gap that notice can create: if the defendant learns about the motion before the court rules, assets could disappear in the interim.
To prevent that, the statute lets the court grant a temporary restraining order, without notice to the defendant, that stops a garnishee from transferring the defendant's assets while the attachment motion is pending, using the same transfer prohibition CPLR 6214(b) applies after a levy. And once the court grants the order of attachment itself, its contents must match what CPLR 6211(a) requires for an order granted without notice, so the two paths converge on the same form of order.
Frequently Asked Questions
Can a court freeze assets while an attachment motion is pending in New York?
Yes. CPLR 6210 lets the court issue a temporary restraining order, without notice to the defendant, barring a garnishee from transferring the defendant's assets while the on-notice attachment motion is decided.
Does the defendant get notice of the temporary restraining order under CPLR 6210?
No. The statute specifically allows the court to grant that restraining order without notice to the defendant, even though the underlying attachment motion itself is made on notice.
What does the restraining order under CPLR 6210 prohibit?
It prohibits a garnishee from transferring the defendant's assets, applying the same transfer restriction CPLR 6214(b) imposes on a garnishee after a formal levy.
What must the order of attachment contain under CPLR 6210?
The same contents CPLR 6211(a) requires for an order of attachment granted without notice, including the amount secured and direction to the sheriff.
Why would a plaintiff move for attachment on notice instead of without notice?
An on-notice motion under CPLR 6210 lets the defendant respond before the court decides, while still letting the plaintiff seek an ex parte restraint on the garnishee to keep assets from disappearing in the meantime.
Amendment History
Add, L 1977, ch 860, § 3, eff Sept 1, 1977.
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
Also known as: temporary restraining order attachment New Yorkorder of attachment on noticefreeze assets pending attachment motionNew York attachment TRO garnishee