Bill Text: NY S04585 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the judgement lien on real property in an action upon a money judgment.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-17 - PRINT NUMBER 4585A [S04585 Detail]
Download: New_York-2011-S04585-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4585
2011-2012 Regular Sessions
I N S E N A T E
April 13, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
judgment lien on real property in an action upon a money judgment and
to repeal certain provisions of such law relating to levy upon real
property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 5014 of the civil practice law and rules, the
2 section heading and the opening paragraph, as amended by chapter 115 of
3 the laws of 1965, subdivision 2 as amended by chapter 485 of the laws of
4 1964 and the closing paragraph as added by chapter 123 of the laws of
5 1986, is amended to read as follows:
6 S 5014. Action upon judgment. Except as permitted by section 15-102 of
7 the general obligations law, an action upon a money judgment entered in
8 a court of the state may only be maintained between the original parties
9 to the judgment where:
10 1. [ten years have elapsed since the first docketing of the judgment;
11 or
12 2.] the judgment was entered against the defendant by default for want
13 of appearance and the summons was served other than by personal delivery
14 to [him] THE DEFENDANT or to his OR HER agent for service designated
15 under rule 318, either within or without the state; or
16 [3.] 2. the court in which the action is sought to be brought so
17 orders on motion with such notice to such other persons as the court may
18 direct.
19 [An action may be commenced under subdivision one of this section
20 during the year prior to the expiration of ten years since the first
21 docketing of the judgment. The judgment in such action shall be desig-
22 nated a renewal judgment and shall be so docketed by the clerk. The lien
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09314-01-1
S. 4585 2
1 of a renewal judgment shall take effect upon the expiration of ten years
2 from the first docketing of the original judgment.]
3 S 2. Subdivisions (a) and (b) of section 5203 of the civil practice
4 law and rules, subdivision (a) as amended by chapter 968 of the laws of
5 1972 and subdivision (b) as amended by chapter 388 of the laws of 1964,
6 are amended to read as follows:
7 (a) Priority and lien on docketing judgment. No transfer of an inter-
8 est of the judgment debtor in real property, against which property a
9 money judgment may be enforced, is effective against the judgment credi-
10 tor either from the time of the docketing of the judgment with the clerk
11 of the county in which the property is located until [ten] TWENTY years
12 after filing of the judgment-roll, or from the time of the filing with
13 such clerk of a notice of levy pursuant to an execution until the
14 execution is returned, except:
15 1. a transfer or the payment of the proceeds of a judicial sale, which
16 shall include an execution sale, in satisfaction either of a judgment
17 previously so docketed or of a judgment where a notice of levy pursuant
18 to an execution thereon was previously so filed; or
19 2. a transfer in satisfaction of a mortgage given to secure the
20 payment of the purchase price of the judgment debtor's interest in the
21 property; or
22 3. a transfer to a purchaser for value at a judicial sale, which shall
23 include an execution sale; or
24 4. when the judgment was entered after the death of the judgment
25 debtor; or
26 5. when the judgment debtor is the state, an officer, department,
27 board or commission of the state, or a municipal corporation; or
28 6. when the judgment debtor is the personal representative of a dece-
29 dent and the judgment was awarded in an action against [him] SUCH JUDG-
30 MENT DEBTOR in his OR HER representative capacity.
31 (b) Extension of lien. Upon motion of the judgment creditor, upon
32 notice to the judgment debtor, served personally or by registered or
33 certified mail, return receipt requested, to the last known address of
34 the judgment debtor, the court may order that the lien of a money judg-
35 ment upon real property be effective after the expiration of [ten] TWEN-
36 TY years from the filing of the judgment-roll, for a period no longer
37 than the time during which the judgment creditor was stayed from enforc-
38 ing the judgment, or the time necessary to complete advertisement and
39 sale of real property in accordance with section 5236, pursuant to an
40 execution delivered to a sheriff prior to the expiration of ten years
41 from the filing of the judgment-roll. The order shall be effective from
42 the time it is filed with the clerk of the county in which the property
43 is located and an appropriate entry is made upon the docket of the judg-
44 ment.
45 S 3. Section 5235 of the civil practice law and rules is REPEALED.
46 S 4. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become law; except that section
48 three of this act shall take effect 10 years after such effective date
49 provided that any execution issued pursuant to section 5235 of the civil
50 practice law and rules before such effective date shall remain in
51 effect.
