The process of starting a replevin action usually begins with filing a complaint. Under New York Law, replevin is the correct cause of action to bring against a person who refuses to give you your comfort animal back.In these cases, the replevin court can issue a judgment for you to take immediate possession of the animal without prior notice to the defendant. Plaintiff then filed a replevin action against defendant to recover legal possession of Sylvester, aka Marshmallow. The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. However, NY law doesn't specifically provide for this but that doesn't mean it's not possible to request. It also requires filing an affidavit in the county or district court where the property is. Legal civil suits were initiated in the New York Supreme Court. ' CASES IN,- LAW AND EQUITY,. DETERMINED. There were no corporations authorized to issue stock in exchange for property or out of surplus in 1997.