Article 51. Enforcement of Judgments and Orders Generally

ENFORCEMENT OF JUDGMENTS and ORDERS

The Sections of Article 51. of the CPLR of New York:

Enforcement of Judgments and Orders Generally, CPLR of New York, Article 51

NY CPLR § 5101. ENFORCEMENT OF MONEY JUDGMENT OR ORDER

A money judgment and an order directing the payment of money, including motion costs, may be enforced as prescribed in article fifty-two.  An order of support, alimony or maintenance of any court of competent jurisdiction where arrears/past-due support have not been reduced to judgment, including motion costs, may be enforced as prescribed in article fifty-two upon the default of a debtor as such term is defined in paragraph seven of subdivision (a) of section fifty-two hundred forty-one of this article, except that for the purposes of this section only, a default shall not be founded upon retroactive child support obligations as defined in paragraph (a) of subdivision one of section four hundred forty of the family court act and subdivision one of section two hundred forty, and paragraph b of subdivision nine of section two hundred thirty-six of the domestic relations law.  The establishment of a default shall be subject to the procedures established for the determination of a mistake of fact for income executions pursuant to subdivision (e) of section fifty-two hundred forty-one of this article.

NY CPLR § 5102. ENFORCEMENT OF MONEY JUDGMENT OR ORDER AWARDING POSSESSION OF REAL PROPERTY OR A CHATTEL

A judgment or order, or a part thereof, awarding possession of real property or a chattel may be enforced by an execution, which shall particularly describe the property and designate the party to whom the judgment or order awards its possession.  The execution shall comply with the provisions of section 5230, except that it shall direct the sheriff to deliver possession of the property to the party designated.  In an action to recover a chattel, where the judgment awards possession of the chattel and in the alternative its value, the execution shall also direct the sheriff, if the chattel cannot be found within his county, to levy upon real and personal property as upon an execution to enforce a money judgment.  After the death of a party against whom a judgment or order awarding possession of real property has been obtained, an order granting leave to issue such execution may be granted upon twenty days’ notice, to be served in the same manner as a summons, to the occupants of the real property and to the heirs or devisees of the deceased party.

NY CPLR § 5103. ENFORCEMENT OF MONEY JUDGMENT OR ORDER DIRECTING SALE OF REAL PROPERTY

(a) Entry in county where real property situated.  Where real property directed by a judgment or order to be sold is not situated in the county in which the judgment or order is entered, the judgment or order shall also be entered by the clerk of the county in which the property is situated upon filing with him a certified copy of the judgment or order.  A purchaser of the property is not required to pay the purchase money or accept a deed until the judgment or order is so entered.

(b) Place and mode of sale;  security.  Where a judgment or order directs that real property shall be sold, it shall be sold in such manner as the judgment or order may direct in the county where it is situated by the sheriff of that county or by a referee appointed by the court for the purpose.  If the property is situated in more than one county, it may be sold in a county in which any part is situated unless the judgment or order directs otherwise.  If a referee is appointed to sell the property, the court may require him to give an undertaking in an amount fixed by it for the proper application of the proceeds of the sale.  The conveyance shall specify in the granting clause the party whose right, title or interest is directed to be sold by the judgment or order and is being conveyed.

NY CPLR § 5104. ENFORCEMENT OF MONEY JUDGMENT OR ORDER BY CONTEMPT

Any interlocutory or final judgment or order, or any part thereof, not enforceable under either article fifty-two or section 5102 may be enforced by serving a certified copy of the judgment or order upon the party or other person required thereby or by law to obey it and, if he refuses or willfully neglects to obey it, by punishing him for a contempt of the court.

NY CPLR § 5105. ALTERNATIVE ENFORCEMENT OF JUDGMENT OR ORDER

An interlocutory or final judgment or order, or any part thereof, may be enforced either by the method prescribed in article fifty-two or that prescribed in section 5104 , or both, where such judgment or part:

  1. requires the payment of money into court or to an officer of, or receiver appointed by, the court, except where the money is due upon an express or implied contract or as damages for non-performance of a contract;  or
  2. requires a trustee or person acting in a fiduciary relationship to pay a sum of money for a willful default or dereliction of his duty.

NY CPLR § 5106. APPOINTMENT OF RECEIVER

A court, by or after judgment, may appoint a receiver of property which is the subject of an action, to carry the judgment into effect or to dispose of the property according to its directions.  Unless the court otherwise orders, such a receivership shall be subject to the provisions of article sixty-four.

NY CPLR § 5107. CONVEYANCE BY SHERIFF

The court may require the sheriff to convey real property in conformity with its directions.

Updated: October 11, 2019.

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