N.Y. C.P.L.R. 1502

§ 1502. Provisional remedies and defenses in subsequent action against\nco-obligor. A subsequent action against a co-obligor who was not\nsummoned in the original action must be maintained in order to procure a\njudgment enforceable against his individually held property for the sum\nremaining unpaid upon the original judgment, and such action shall be\nregarded as based upon the same obligation, contract or liability as the\noriginal judgment for the purpose of obtaining any provisional remedy.\nThe complaint in the subsequent action shall be verified. The defendant\nin the subsequent action may raise any defenses or counterclaims that he\nmight have raised in the original action if the summons had been served\non him when it was first served on a co-obligor, and may raise\nobjections to the original judgment, and defenses or counterclaims that\nhave arisen since it was entered.\n