CPLR 1502 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1501 Actions against persons jointly liable; service of summons; judgment up ARTICLE 15 Actions Against Persons Jointly Liable Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1502 Provisional remedies and defenses in subsequent action against co-obligor Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 15 § 1502. Provisional remedies and defenses in subsequent action against co-obligor. A subsequent action against a co-obligor who was not summoned in the original action must be maintained in order to procure a judgment enforceable against his individually held property for the sum remaining unpaid upon the original judgment, and such action shall be regarded as based upon the same obligation, contract or liability as the original judgment for the purpose of obtaining any provisional remedy. The complaint in the subsequent action shall be verified. The defendant in the subsequent action may raise any defenses or counterclaims that he might have raised in the original action if the summons had been served on him when it was first served on a co-obligor, and may raise objections to the original judgment, and defenses or counterclaims that have arisen since it was entered.