A garnishee who is a common carrier may transport or deliver property actually loaded on a conveyance, notwithstanding the service upon him of an order of attachment, if it was loaded without reason to believe that an order of attachment affecting the property had been granted, unless the plaintiff gives an undertaking in an amount fixed by the court, that the plaintiff shall pay any such carrier all expenses and damages which may be incurred for unloading the property and for detention of the conveyance necessary for that purpose.
§ 6217.Additional undertaking to carrier garnishee.
Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6217 lets a common carrier keep transporting or delivering goods already loaded despite an attachment order, unless the plaintiff posts an undertaking covering the carrier's costs from unloading and holding the shipment.
Full Text of CPLR 6217
Plain-English Summary
An order of attachment served on a common carrier could otherwise strand goods mid-shipment, forcing the carrier to unload cargo and detain a truck, train, or vessel for property the carrier had no reason to think was under attachment. CPLR 6217 protects the carrier in that situation: if the property was loaded before the carrier had reason to believe an order of attachment covered it, the carrier may go ahead and transport or deliver it despite the order.
That protection has a condition attached to it. The plaintiff can stop the carrier from delivering the goods, but only by giving the court-fixed undertaking the statute requires, one that covers whatever expenses and damages the carrier incurs from unloading the property and detaining the conveyance for that purpose. Without that undertaking, the carrier's obligation to keep the shipment moving prevails over the attachment.
Frequently Asked Questions
Can a shipping company ignore an attachment order and deliver the goods anyway?
Yes, if the goods were already loaded before the carrier had reason to believe an order of attachment applied, CPLR 6217 lets the carrier transport or deliver them despite the order.
How can a plaintiff stop a carrier from delivering attached goods?
By giving an undertaking, in an amount the court fixes, that covers the carrier's expenses and damages for unloading the property and detaining the conveyance.
What happens if the plaintiff doesn't post the undertaking under CPLR 6217?
The carrier may go ahead and transport or deliver the loaded property, since the undertaking is what triggers the carrier's obligation to unload and hold it.
Does CPLR 6217 protect a carrier who knew about the attachment before loading the goods?
No. The protection applies only when the property was loaded without reason to believe an order of attachment affecting it had been granted.
Why does CPLR 6217 single out common carriers for special treatment?
Because holding a shipment mid-transit imposes costs, like detaining a vehicle or vessel, that an ordinary garnishee holding static property does not face, so the statute requires the plaintiff to cover those costs before a carrier must comply.
Advisory Committee Notes
This section is derived from CPA § 920, which covered the master or owner of a vessel. Since no reason appears why a master of a vessel should enjoy more protection than any other common carrier who may be damaged by the detention and unloading of his ship, airplane, truck or other conveyance, this section broadens the provisions of former § 920 to include any common carrier transporting the property. A common carrier is in a substantially different position from other garnishees, and is almost certain to incur expense and suffer damages as a result of the attachment; where the property is being shipped out of the state, detention and unloading are necessary to protect the plaintiff and in such case at least this additional undertaking seems a sound requirement. CPA § 920, however, was limited to interstate shipments, and it thus appeared that a plaintiff under former law might have attached property being transported intrastate, detaining and unloading it without any indemnity. Curiously, detention of an intrastate shipment is not required for the plaintiff’s protection, for he is still able to attach the goods at their destination after delivery. This section is not limited to interstate shipment; rather it operates to protect all common carriers transporting property of the defendant. Under it, a plaintiff who seeks to attach property being shipped intrastate has a choice of halting the shipment by furnishing indemnity or attaching it after delivery to its destination.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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: common carrier attachment New Yorkshipping company attachment order CPLRundertaking carrier garnishee New Yorkattachment of goods in transit