Article 50. Judgments Generally

JUDGMENTS GENERALLY

The Sections of Article 50. of the New York CPLR:

Article 50 of CPLR New York judgment

NY CPLR § 5001. INTEREST TO VERDICT, REPORT OR DECISION

(a) Actions in which recoverable. Interest shall be recovered upon a sum awarded because of a breach of performance of a contract, or because of an act or omission depriving or otherwise interfering with title to, or possession or enjoyment of, property, except that in an action of an equitable nature, interest and the rate and date from which it shall be computed shall be in the court’s discretion.

(b) Date from which computed. Interest shall be computed from the earliest ascertainable date the cause of action existed, except that interest upon damages incurred thereafter shall be computed from the date incurred.  Where such damages were incurred at various times, interest shall be computed upon each item from the date it was incurred or upon all of the damages from a single reasonable intermediate date.

(c) Specifying date;  computing interest. The date from which interest is to be computed shall be specified in the verdict, report or decision.  If a jury is discharged without specifying the date, the court upon motion shall fix the date, except that where the date is certain and not in dispute, the date may be fixed by the clerk of the court upon affidavit.  The amount of interest shall be computed by the clerk of the court, to the date the verdict was rendered or the report or decision was made, and included in the total sum awarded.

NY CPLR § 5002. INTEREST FROM VERDICT, REPORT OR DECISION TO JUDGMENT

Interest shall be recovered upon the total sum awarded, including interest to verdict, report or decision, in any action, from the date the verdict was rendered or the report or decision was made to the date of entry of final judgment.  The amount of interest shall be computed by the clerk of the court and included in the judgment.

NY CPLR § 5003. INTEREST UPON JUDGMENT

Every money judgment shall bear interest from the date of its entry.  Every order directing the payment of money which has been docketed as a judgment shall bear interest from the date of such docketing.

NY CPLR § 5003-a. PROMPT PAYMENT FOLLOWING SETTLEMENT

(a) When an action to recover damages has been settled, any settling defendant, except those defendants to whom subdivisions (b) and (c) of this section apply, shall pay all sums due to any settling plaintiff within twenty-one days of tender, by the settling plaintiff to the settling defendant, of a duly executed release and a stipulation discontinuing action executed on behalf of the settling plaintiff.

(b) When an action to recover damages has been settled and the settling defendant is a municipality or any subdivision thereof, or any public corporation that is not indemnified by the state, it shall pay all sums due to any settling plaintiff within ninety days of tender, by the settling plaintiff to it, of duly executed release and a stipulation discontinuing action executed on behalf of the settling plaintiff.  The provisions of this paragraph shall not inure to the benefit of any insurance carrier for a municipality or any subdivision thereof, or any public corporation that is not indemnified by the state.  Any such insurance carrier shall pay all sums due to any settling plaintiff in accordance with the provisions of subdivision (a) of this section.

(c) When an action to recover damages has been settled and the settling defendant is the state, an officer or employee of the state entitled to indemnification pursuant to section seventeen of the public officers law, or a public benefit corporation indemnified by the state, payment of all sums due to any settling plaintiff shall be made within ninety days of the comptroller’s determination that all papers required to effectuate the settlement have been received by him.  The provisions of this paragraph shall not inure to the benefit of any insurance carrier for the state, an officer or employee of the state entitled to indemnification pursuant to section seventeen of the public officers law, or a public benefit corporation indemnified by the state.  Any such insurance carrier shall pay all sums due to any settling plaintiff in accordance with the provisions of subdivision (a) of this section.

(d) In an action which requires judicial approval of settlement, other than an action to which subdivision (c) of this section applies, the plaintiff shall also tender a copy of the order approving such settlement with the duly executed release and stipulation discontinuing action executed on behalf of the plaintiff.

(e) In the event that a settling defendant fails to promptly pay all sums as required by subdivisions (a), (b), and (c) of this section, any unpaid plaintiff may enter judgment, without further notice, against such settling defendant who has not paid.  The judgment shall be for the amount set forth in the release, together with costs and lawful disbursements, and interest on the amount set forth in the release from the date that the release and stipulation discontinuing action were tendered.

(f) Nothing in this section shall apply to settlements subject to article seventy-four of the insurance law or to future installment payments to be paid pursuant to a structured settlement agreement.

(g) The term “tender”, as used herein, shall mean either to personally deliver or to mail, by registered or certified mail, return receipt requested.

NY CPLR § 5003-b. NONDISCLOSURE AGREEMENTS

Notwithstanding any other law to the contrary, for any claim or cause of action, whether arising under common law, equity, or any provision of law, the factual foundation for which involves sexual harassment, in resolving, by agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance or otherwise, no employer, its officer or employee shall have the authority to include or agree to include in such resolution any term or condition that would prevent the disclosure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the plaintiff’s preference.  Any such term or condition must be provided to all parties, and the plaintiff shall have twenty-one days to consider such term or condition.  If after twenty-one days such term or condition is the plaintiff’s preference, such preference shall be memorialized in an agreement signed by all parties.  For a period of at least seven days following the execution of such agreement, the plaintiff may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired.

NY CPLR § 5004. RATE OF INTEREST

Interest shall be at the rate of nine per centum per annum, except where otherwise provided by statute.

NY CPLR § 5011. DEFINITION AND CONTENT OF JUDGMENT

A judgment is the determination of the rights of the parties in an action or special proceeding and may be either interlocutory or final.  A judgment shall refer to, and state the result of, the verdict or decision, or recite the default upon which it is based.  A judgment may direct that property be paid into court when the party would not have the benefit or use or control of such property or where special circumstances make it desirable that payment or delivery to the party entitled to it should be withheld.  In any case where damages are awarded to an inmate serving a sentence of imprisonment with the state department of corrections and community supervision or to a prisoner confined at a local correctional facility, the court shall give prompt written notice to the office of victim services, and at the same time shall direct that no payment be made to such inmate or prisoner for a period of thirty days following the date of entry of the order containing such direction.

NY CPLR RULE RULE 5012.  JUDGMENT UPON PART OF CAUSE OF ACTION; UPON SEVERAL CAUSES

The court, having ordered a severance, may direct judgment upon a part of a cause of action or upon one or more causes of action as to one or more parties.

NY CPLR RULE RULE 5013.  EFFECT OF JUDGMENT DISMISSING CLAIM

A judgment dismissing a cause of action before the close of the proponent’s evidence is not a dismissal on the merits unless it specifies otherwise, but a judgment dismissing a cause of action after the close of the proponent’s evidence is a dismissal on the merits unless it specifies otherwise.

NY CPLR § 5014.  ACTION UPON JUDGMENT

Except as permitted by section 15-102 of the general obligations law, an action upon a money judgment entered in a court of the state may only be maintained between the original parties to the judgment where:

  1. ten years have elapsed since the first docketing of the judgment;  or
  2. the judgment was entered against the defendant by default for want of appearance and the summons was served other than by personal delivery to him or to his agent for service designated under rule 318, either within or without the state;  or
  3. the court in which the action is sought to be brought so orders on motion with such notice to such other persons as the court may direct.

An action may be commenced under subdivision one of this section during the year prior to the expiration of ten years since the first docketing of the judgment.  The judgment in such action shall be designated a renewal judgment and shall be so docketed by the clerk.  The lien of a renewal judgment shall take effect upon the expiration of ten years from the first docketing of the original judgment.

NY CPLR RULE RULE 5015. RELIEF FROM JUDGMENT OR ORDER

(a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of:

  1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry;  or
  2. newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404 ;  or
  3. fraud, misrepresentation, or other misconduct of an adverse party;  or
  4. lack of jurisdiction to render the judgment or order;  or
  5. reversal, modification or vacatur of a prior judgment or order upon which it is based.

(b) On stipulation. The clerk of the court may vacate a default judgment entered pursuant to section 3215 upon the filing with him of a stipulation of consent to such vacatur by the parties personally or by their attorneys.

(c) On application of an administrative judge. An administrative judge, upon a showing that default judgments were obtained by fraud, misrepresentation, illegality, unconscionable, lack of due service, violations of law, or other illegalities or where such default judgments were obtained in cases in which those defendants would be uniformly entitled to interpose a defense predicated upon but not limited to the foregoing defenses, and where such default judgments have been obtained in a number deemed sufficient by him to justify such action as set forth herein, and upon appropriate notice to counsel for the respective parties, or to the parties themselves, may bring a proceeding to relieve a party or parties from them upon such terms as may be just.  The disposition of any proceeding so instituted shall be determined by a judge other than the administrative judge.

(d) Restitution. Where a judgment or order is set aside or vacated, the court may direct and enforce restitution in like manner and subject to the same conditions as where a judgment is reversed or modified on appeal.

NY CPLR RULE RULE 5016. ENTRY OF JUDGMENT

(a) What constitutes entry. A judgment is entered when, after it has been signed by the clerk, it is filed by him.

(b) Judgment upon verdict. Judgment upon the general verdict of a jury after a trial by jury as of right shall be entered by the clerk unless the court otherwise directs;  if there is a special verdict, the court shall direct entry of an appropriate judgment.

(c) Judgment upon decision. Judgment upon the decision of a court or a referee to determine shall be entered by the clerk as directed therein.  When relief other than for money or costs only is granted, the court or referee shall, on motion, determine the form of the judgment.

(d) After death of party. No verdict or decision shall be rendered against a deceased party, but if a party dies before entry of judgment and after a verdict, decision or accepted offer to compromise pursuant to rule 3221, judgment shall be entered in the names of the original parties unless the verdict, decision or offer is set aside.  This provision shall not bar dismissal of an action or appeal pursuant to section 1021.

(e) Final judgment after interlocutory judgment. Where an interlocutory judgment has been directed, a party may move for final judgment when he becomes entitled thereto.

NY CPLR RULE RULE 5017. JUDGMENT-ROLL

(a) Preparation and filing. A judgment-roll shall be prepared by the attorney for the party at whose instance the judgment is entered or by the clerk.  It shall be filed by the clerk when he enters judgment, and shall state the date and time of its filing.

(b) Content. The judgment-roll shall contain the summons, pleadings, admissions, each judgment and each order involving the merits or necessarily affecting the final judgment.  If the judgment was taken by default, it shall also contain the proof required by subdivision (f) of section 3215 and the result of any assessment, account or reference under subdivision (b) of section 3215 .  If a trial was had, it shall also contain the verdict or decision, any tender or offer made pursuant to rules 3219, 3220 or 3221, and any transcript of proceedings then on file.  If any appeal was taken, it shall also contain the determination and opinion of each appellate court and the papers on which each appeal was heard.  In an action to recover a chattel, it shall also contain the sheriff’s return.  In an action on submitted facts under rule 3222 , the judgment-roll shall consist of the case, submission, affidavit, each judgment and each order necessarily affecting the final judgment.  The judgment-roll of a judgment by confession under section 3218 shall consist of the affidavit and a copy of the judgment.

NY CPLR § 5018. DOCKETING OF JUDGMENT

(a) Docketing by clerk;  docketing elsewhere by transcript. Immediately after filing the judgment-roll the clerk shall docket a money judgment, and at the request of any party specifying the particular adverse party or parties against whom docketing shall be made, the clerk shall so docket a judgment affecting the title to real property, provided, however, that where the clerk maintains a section and block index, a judgment affecting the title to, or the possession, use or enjoyment of, real property may be entered in such index in lieu thereof. If the judgment is upon a joint liability of two or more persons the words “not summoned” shall be written next to the name of each defendant who was not summoned.  Upon the filing of a transcript of the docket of a judgment of a court other than the supreme, county or a family court, the clerk of the county in which the judgment was entered shall docket the judgment.  Upon the filing of a transcript of the docket of a judgment which has been docketed in the office of the clerk of the county in which it was entered, the clerk of any other county in the state shall docket the judgment. Whenever a county clerk dockets a judgment by transcript under this subdivision, he shall notify the clerk who issued it, who, upon receiving such notification, shall make an entry on the docket of the judgment in his office indicating where the transcript has been filed.  A judgment docketed by transcript under this subdivision shall have the same effect as a docketed judgment entered in the supreme court within the county where it is docketed.

(b) Docketing of judgment of court of United States. A transcript of the judgment of a court of the United States rendered or filed within the state may be filed in the office of the clerk of any county and upon such filing the clerk shall docket the judgment in the same manner and with the same effect as a judgment entered in the supreme court within the county.

(c) Form of docketing. A judgment is docketed by making an entry in the proper docket book as follows:

  1. under the surname of the judgment debtor first named in the judgment, the entry shall consist of:
    • (i) the name and last known address of each judgment debtor and his trade or profession if stated in the judgment;
    • (ii) the name and last known address of the judgment creditor;
    • (iii) the sum recovered or directed to be paid in figures;
    • (iv) the date and time the judgment-roll was filed;
    • (v) the date and time of docketing;
    • (vi) the court and county in which judgment was entered;  and
    • (vii) the name and office address of the attorney for the judgment creditor;
  2. under the surname of every other judgment debtor, if any, the entry shall consist of his name and last known address and an appropriate cross-reference to the first entry.
    If no address is known for the judgment debtor or judgment creditor, an affidavit executed by the party at whose instance the judgment is docketed or his attorney shall be filed stating that the affiant has no knowledge of an address.

(d) A county clerk may adopt a new docketing system utilizing electro-mechanical, electronic or any other method he deems suitable for maintaining the dockets.

NY CPLR § 5019. VALIDITY AND CORRECTION OF JUDGMENT OR ORDER; AMENDMENT OF DOCKET

(a) Validity and correction of judgment or order. A judgment or order shall not be stayed, impaired or affected by any mistake, defect or irregularity in the papers or procedures in the action not affecting a substantial right of a party.  A trial or an appellate court may require the mistake, defect or irregularity to be cured.

(b) Subsequent judgment or order affecting judgment or lien. When a docketed judgment or the lien thereof is affected in any way by a subsequent order or judgment or re-taxation of costs, the clerk of the court in which the judgment was entered shall make an appropriate entry on the docket of the judgment.  In the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, such county clerk shall make an appropriate entry on his docket upon the filing of a certified copy of the order or judgment effecting the change or a certificate of the change issued by the clerk of the court in which the judgment was entered.  Unless the order or judgment effecting the change otherwise provides, the duration of the judgment lien on real property shall be measured from the filing of the judgment-roll.

(c) Change in judgment creditor. A person other than the party recovering a judgment who becomes entitled to enforce it, shall file in the office of the clerk of the court in which the judgment was entered or, in the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, in the office of such county clerk, a copy of the instrument on which his authority is based, acknowledged in the form required to entitle a deed to be recorded, or, if his authority is based on a court order, a certified copy of the order.  Upon such filing the clerk shall make an appropriate entry on his docket of the judgment.

(d) Certificate of county clerk. Upon the filing of a certificate of change of the docket of any judgment docketed with the clerk of the county in which it was entered, issued by such county clerk, the clerk of any court or county where the judgment has been docketed shall make an appropriate entry on his docket of the judgment.

NY CPLR § 5020. SATISFACTION-PIECE

(a) Generally. When a person entitled to enforce a judgment receives satisfaction or partial satisfaction of the judgment, he shall execute and file with the proper clerk pursuant to subdivision (a) of section 5021 , a satisfaction-piece or partial satisfaction-piece acknowledged in the form required to entitle a deed to be recorded, which shall set forth the book and page where the judgment is docketed.  A copy of the satisfaction-piece or partial satisfaction-piece filed with the clerk shall be mailed to the judgment debtor by the person entitled to enforce the judgment within ten days after the date of filing.

(b) Attorney of record. Within ten years after the entry of a judgment the attorney of record or the attorney named on the docket for the judgment creditor may execute a satisfaction-piece or a partial satisfaction-piece, but if his authority was revoked before it was executed, the judgment may nevertheless be enforced against a person who had actual notice of the revocation before a payment on the judgment was made or a purchase of property bound by it was effected.

(c) When the judgment is fully satisfied, if the person required to execute and file with the proper clerk pursuant to subdivisions (a) and (d) hereof fails or refuses to do so within twenty days after receiving full satisfaction, then the judgment creditor shall be subject to a penalty of one hundred dollars recoverable by the judgment debtor pursuant to Section 7202 of the civil practice law and rules or article eighteen of either the New York City civil court act, uniform district court act or uniform city court act;  provided, however, that such penalty shall not be recoverable when a city with a population greater than one million persons is the judgment creditor, unless such judgment creditor shall fail to execute and file a satisfaction-piece with the proper clerk pursuant to subdivisions (a) and (d) hereof within twenty days after having been served by the judgment debtor with a written demand therefor by certified mail, return receipt requested.

(d) Where a transcript of the docket of a judgment has been docketed in any other county of the state pursuant to subdivision (a) of section 5018 , the person required to execute and file with the proper clerk pursuant to subdivision (a) hereof shall, upon receiving full satisfaction, file a certificate of the clerk of the county in which the judgment was entered, in accordance with subdivision (c) of section 5021 , with the clerks of all other counties in which such judgment has been docketed.

NY CPLR § 5020-a. PAYMENT OF JUDGMENT IN CERTAIN CASES

When a judgment debtor has shown to the satisfaction of the clerk of the court from which an execution has been issued that a sum of money which satisfies the judgment had been sent to the last known address of the judgment creditor by registered or certified mail, return receipt requested, but was returned as unclaimed or undeliverable by the post office, the judgment debtor may deposit with the clerk of such court a certified check in an amount equal to the sum of money which satisfies the judgment.  Upon receipt of such check any additional charges relating to an execution shall cease to accrue against the judgment debtor and the clerk shall forthwith notify each sheriff to whom an execution was issued that such execution is hereby rescinded.  Such notice shall not be effective upon the sheriff until its receipt by him from the clerk.  Provided, however, no entry of the satisfaction on the docket of the judgment made   1 be made by the clerk except pursuant to the provisions of section 5021 .

NY CPLR § 5021. ENTRY OF SATISFACTION

(a) Entry upon satisfaction-piece, court order, deposit into court, discharge of compounding joint debtor. The clerk of the court in which the judgment was entered or, in the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, such county clerk, shall make an entry of the satisfaction or partial satisfaction on the docket of the judgment upon:

  1. the filing of a satisfaction-piece or partial satisfaction-piece;  or
  2. the order of the court, made upon motion with such notice to other persons as the court may require, when the judgment has been wholly or partially satisfied but the judgment debtor cannot furnish the clerk with a satisfaction-piece or partial satisfaction-piece;  or
  3. the deposit with the clerk of a sum of money which satisfies or partially satisfies the judgment pursuant to an order of the court, made upon motion with such notice to other persons as the court may require, permitting such deposit;  such an order shall not be made unless the court is satisfied that there are no outstanding executions on which sheriff’s fees have not been paid;  or
  4. the filing of an instrument specified in article eight of the debtor and creditor law, executed by a creditor releasing or discharging a compounding joint debtor;  in such case, the entry on the docket of the judgment shall state that the judgment is satisfied as to the compounding debtor only.

(b) Entry upon return of execution. A sheriff shall return an execution to the clerk of the court from which the execution issued if such execution is wholly or partially satisfied, and the clerk shall make an appropriate entry on his docket of the judgment.  The sheriff shall also deliver to the person making payment, upon request, a certified copy of the execution and of the return of satisfaction or partial satisfaction.  Upon the filing of such copy with the clerk of the county where the execution was satisfied, such clerk shall enter satisfaction or partial satisfaction on his docket of the judgment.  Provided however that, in addition, a return of execution arising out of an action brought pursuant to article eighteen of the New York city civil court act, article eighteen of the uniform city court act, article eighteen of the uniform district court act, or article eighteen of the uniform justice court act shall be made and entered whether wholly or partially satisfied, or unsatisfied, within ninety days after receipt of the judgment by the sheriff and the clerk shall make an appropriate entry on his docket of the judgment.

(c) Entry upon certificate. Upon the filing of a certificate of the clerk of the county in which the judgment was entered, stating that the judgment has been wholly or partially satisfied, the clerk of any court or county where a judgment has been docketed shall make an appropriate entry on his docket of the judgment.

Updated: August 24, 2019.

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