New York Law (NYLE) Practice Exam

Which remedy should Joseph’s lawyer not proffer given the nature of his request?

1. Notice of pendency.

2. Attachment.

3. Preliminary Injunction.

4. None of the above.

The correct answer is: Attachment.

In this scenario, the focus is on the nature of Joseph's request and which remedy would be inappropriate to offer. An attachment is a remedy that allows a creditor to secure a debt through a court order against a defendant's property before a final judgment is reached. It is generally used in cases where there is a substantial risk that the defendant may dispose of or hide assets, making it difficult for the creditor to collect what is owed. Offering an attachment as a remedy would typically be inappropriate if the request does not demonstrate a clear need to secure assets prior to a judgment being rendered. An attachment is based on concerns regarding the likelihood of asset dissipation or concealment, which may not be applicable depending on the specifics of Joseph's case. In contrast, a notice of pendency serves to notify potential purchasers or encumbrancers of an ongoing litigation that may affect the real property in question, and a preliminary injunction is used to prevent a party from taking specific actions that could cause irreparable harm during the litigation process. Both of these remedies might be applicable to Joseph's situation depending on his actual circumstances. Thus, given the nature of the request, an attachment would likely be the remedy that Joseph’s lawyer should not proffer, as it might not align with the