Practice point: The action of replevin is essentially possessory in its nature. It is a provisional remedy which may be used as an incident to an action to recover a chattel. Pursuant to CPLR 7102(c) and (d), on a motion for an order of seizure, "a plaintiff must demonstrate a likelihood of success on its cause of action for replevin and the absence of a valid defense to its claim.
Student note: An order of seizure is not a final disposition of a matter but is a pendente lite order made in the context of a pending action where the movant has established, prima facie, a superior right in the chattel.
Case:
Americredit Fin. Servs., Inc. v. Decoteau, NY Slip Op 01053 (2d
Dept. 2013).
Here is the decision.
Tomorrow’s issue: A fall down the stairs.
