The sheriff shall levy upon any interest of the defendant in real property by filing with the clerk of the county in which the property is located a notice of attachment indorsed with the name and address of the plaintiff’s attorney and stating the names of the parties to the action, the amount specified in the order of attachment and a description of the property levied upon. The clerk shall record and index the notice in the same books, in the same manner and with the same effect, as a notice of the pendency of an action.
§ 6216.Levy upon real property.
Article 62. Attachment · Last amended 1977 · Last verified July 21, 2026
In one sentenceCPLR 6216 lets a sheriff levy on a defendant's real property by filing a notice of attachment with the county clerk, who records and indexes it the same way as a notice of pendency.
Full Text of CPLR 6216
Plain-English Summary
Real property cannot be carried off the way personal property can, so CPLR 6216 levies on it through the public record instead of physical control. The sheriff files a notice of attachment with the clerk of the county where the property sits, endorsed with the plaintiff's attorney's name and address and stating the parties, the amount specified in the order of attachment, and a description of the property.
Once filed, the clerk records and indexes the notice using the same books and procedures used for a notice of pendency, the filing that alerts anyone searching title that litigation affects a piece of real property. That shared treatment means a title search that would reveal a lis pendens will reveal a notice of attachment as well, putting later purchasers and lenders on notice of the plaintiff's claim.
Frequently Asked Questions
How does a sheriff attach real estate in New York?
Under CPLR 6216, the sheriff levies on real property by filing a notice of attachment with the clerk of the county where the property is located.
What must the notice of attachment for real property include?
The plaintiff's attorney's name and address, the names of the parties, the amount specified in the order of attachment, and a description of the property levied upon.
How is a notice of attachment recorded?
The county clerk records and indexes it in the same books and the same manner as a notice of pendency, so it appears in the same title searches.
Will a title search reveal an attachment on real property?
Yes. Because CPLR 6216 has the clerk index the notice like a notice of pendency, anyone searching title against the property should turn it up.
Does CPLR 6216 require physical entry onto the property?
No. Unlike seizure of personal property under CPLR 6215, levying on real property under CPLR 6216 happens entirely through the filing and indexing of a notice with the county clerk.
Advisory Committee Notes
This section is derived from subd 1 of former § 917. Only minor language changes have been made. The effect of filing a notice of pendency is treated in § 6501; other notice of pendency provisions are contained in article 65. Although this section and the former section both state that the filing of a notice of attachment has the same effect as a notice of pendency, the statement is not wholly accurate. See introduction to article 65.
Amendment History
Add, L 1962, ch 308; amd, L 1977, ch 860, § 7, 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: attaching real property New Yorknotice of attachment real estatelevy on real property CPLRNew York attachment lis pendens filing