Title CVP, Civil Practice Law & Rules

§ 510. Grounds for change of place of trial. The court, upon motion,\nmay change the place of trial of an action where:\n 1. the county designated for that purpose is not a proper county; or\n 2. there is reason to believe that an impartial trial cannot be had in\nthe proper cou…

§ 5101. Enforcement of money judgment or order. A money judgment and\nan order directing the payment of money, including motion costs, may be\nenforced as prescribed in article fifty-two. An order of support,\nalimony or maintenance of any court of competent jurisdiction where\n…

§ 5102. Enforcement of judgment or order awarding possession of real\nproperty or a chattel. A judgment or order, or a part thereof, awarding\npossession of real property or a chattel may be enforced by an\nexecution, which shall particularly describe the property and designate\…

§ 5103. Enforcement of judgment or order directing sale of real\nproperty. (a) Entry in county where real property situated. Where real\nproperty directed by a judgment or order to be sold is not situated in\nthe county in which the judgment or order is entered, the judgment or\…

§ 5104. Enforcement of judgment or order by contempt. Any\ninterlocutory or final judgment or order, or any part thereof, not\nenforceable under either article fifty-two or section 5102 may be\nenforced by serving a certified copy of the judgment or order upon the\nparty or othe…

§ 5105. Alternative enforcement of judgment or order. An interlocutory\nor final judgment or order, or any part thereof, may be enforced either\nby the method prescribed in article fifty-two or that prescribed in\nsection 5104, or both, where such judgment or part:\n 1. requires…

§ 5106. Appointment of receiver. A court, by or after judgment, may\nappoint a receiver of property which is the subject of an action, to\ncarry the judgment into effect or to dispose of the property according\nto its directions. Unless the court otherwise orders, such a\nreceiv…

§ 5107. Conveyance by sheriff. The court may require the sheriff to\nconvey real property in conformity with its directions.\n

Rule. 511. Change of place of trial. (a) Time for motion or demand. A\ndemand under subdivision (b) for change of place of trial on the ground\nthat the county designated for that purpose is not a proper county shall\nbe served with the answer or before the answer is served. A m…

Rule 512. Change of place of trial of action or issue triable without\na jury. The place of trial of an action or any issue triable without a\njury may be, in the discretion of the court, in any county within the\njudicial district in which the action is triable. After the trial…

§ 513. Misplacement of venue in consumer credit transactions. (a) In\nan action arising out of a consumer credit transaction, the clerk shall\nnot accept a summons for filing when it appears upon its face that the\nproper venue is a county other than the county where such summon…

§ 514. Actions relating to consumer goods. 1. For the purposes of this\nsection, "consumer goods" shall mean goods, wares, paid merchandise or\nservices purchased or paid for by a consumer, the intended use or\nbenefit of which is intended for the personal, family or household\n…

Rule 515. Venue in matrimonial actions. (a) This rule applies to all\nactions wherein all or part of the relief granted is divorce, all\nactions brought in supreme court for custody or visitation, all\napplications to modify a supreme court order of custody or visitation,\nall a…

§ 5201. Debt or property subject to enforcement; proper garnishee. (a)\nDebt against which a money judgment may be enforced. A money judgment\nmay be enforced against any debt, which is past due or which is yet to\nbecome due, certainly or upon demand of the judgment debtor, whe…

§ 5202. Judgment creditor's rights in personal property. (a)\nExecution creditor's rights. Where a judgment creditor has delivered an\nexecution to a sheriff, the judgment creditor's rights in a debt owed to\nthe judgment debtor or in an interest of the judgment debtor in person…

§ 5203. Priorities and liens upon real property. (a) Priority and lien\non docketing judgment. No transfer of an interest of the judgment debtor\nin real property, against which property a money judgment may be\nenforced, is effective against the judgment creditor either from th…

§ 5204. Release of lien or levy upon appeal. Upon motion of the\njudgment debtor, upon notice to the judgment creditor, the sheriff and\nthe sureties upon the undertaking, the court may order, upon such terms\nas justice requires, that the lien of a money judgment, or that a lev…

§ 5205. Personal property exempt from application to the satisfaction\nof money judgments. (a) Exemption for personal property. The following\npersonal property when owned by any person is exempt from application to\nthe satisfaction of a money judgment except where the judgment…

§ 5206. Real property exempt from application to the satisfaction of\nmoney judgments. (a) Exemption of homestead. Property of one of the\nfollowing types, not exceeding one hundred fifty thousand dollars for\nthe counties of Kings, Queens, New York, Bronx, Richmond, Nassau,\nSu…

§ 5207. Enforcement involving the state. None of the procedures for\nthe enforcement of money judgments are applicable to a judgment against\nthe state. All procedures for the enforcement of money judgments against\nother judgment debtors are applicable to the state, its officer…

§ 5208. Enforcement after death of judgment debtor; leave of court;\nextension of lien. Except where otherwise prescribed by law, after the\ndeath of a judgment debtor, an execution upon a money judgment shall not\nbe levied upon any debt owed to him or any property in which he …

§ 5209. Discharge of garnishee's obligation. A person who, pursuant\nto an execution or order, pays or delivers, to the judgment creditor or\na sheriff or receiver, money or other personal property in which a\njudgment debtor has or will have an interest, or so pays a debt he ow…

§ 5210. Power of court to punish for contempt. Every court in which a\nspecial proceeding to enforce a money judgment may be commenced, shall\nhave power to punish a contempt of court committed with respect to an\nenforcement procedure.\n

§ 5211. Privilege on examination; immunity. The court may confer\nimmunity upon any witness in accordance with the provisions of section\n50.20 of the criminal procedure law for testimony or evidence in an\nenforcement procedure relating to disposition of property in which the\n…

§ 5221. Where enforcement proceeding commenced. (a) Court and county\nin which proceeding commenced. 1. If the judgment sought to be enforced\nwas entered in the city court of any city outside the city of New York,\nand the respondent resides or is regularly employed or has a pl…

§ 5222. Restraining notice. (a) Issuance; on whom served; form;\nservice. A restraining notice may be issued by the clerk of the court or\nthe attorney for the judgment creditor as officer of the court, or by\nthe support collection unit designated by the appropriate social\nser…

§ 5222-a. Service of notices and forms and procedure for claim of\nexemption. (a) Applicability. Any person authorized under subdivision\n(a) of section fifty-two hundred twenty-two of this article issuing a\nrestraining notice affecting a natural person's account at a banking\n…

§ 5223. Disclosure. At any time before a judgment is satisfied or\nvacated, the judgment creditor may compel disclosure of all matter\nrelevant to the satisfaction of the judgment, by serving upon any person\na subpoena, which shall specify all of the parties to the action, the\…

Rule 5224. Subpoena; procedure. (a) Kinds and service of subpoena. Any\nor all of the following kinds of subpoenas may be served:\n 1. a subpoena requiring attendance for the taking of a deposition upon\noral or written questions at a time and place named therein; or\n 2. a subp…

§ 5225. Payment or delivery of property of judgment debtor. (a)\nProperty in the possession of judgment debtor. Upon motion of the\njudgment creditor, upon notice to the judgment debtor, where it is shown\nthat the judgment debtor is in possession or custody of money or other\np…

§ 5226. Installment payment order. Upon motion of the judgment\ncreditor, upon notice to the judgment debtor, where it is shown that the\njudgment debtor is receiving or will receive money from any source, or\nis attempting to impede the judgment creditor by rendering services\n…

§ 5227. Payment of debts owed to judgment debtor. Upon a special\nproceeding commenced by the judgment creditor, against any person who it\nis shown is or will become indebted to the judgment debtor, the court\nmay require such person to pay to the judgment creditor the debt upo…

§ 5228. Receivers. (a) Appointment of receiver. Upon motion of a\njudgment creditor, upon such notice as the court may require, the court\nmay appoint a receiver who may be authorized to administer, collect,\nimprove, lease, repair or sell any real or personal property in which\…

§ 5229. Enforcement before judgment entered. In any court, before a\njudgment is entered, upon motion of the party in whose favor a verdict\nor decision has been rendered, the trial judge may order examination of\nthe adverse party and order him restrained with the same effect a…

§ 5230. Executions. (a) Form. An execution shall specify the date\nthat the judgment or order was entered, the court in which it was\nentered, the amount of the judgment or order, the applicable interest\nrate and the date as of which the new interest rate applies if the\nintere…

§ 5231. Income execution. (a) Form. An income execution shall\nspecify, in addition to the requirements of subdivision (a) of section\n5230: (i) the name and address of the person or entity from whom the\njudgment debtor is receiving or will receive money; (ii) the amount of\nmo…

§ 5232. Levy upon personal property. (a) Levy by service of execution.\nThe sheriff or support collection unit designated by the appropriate\nsocial services district shall levy upon any interest of the judgment\ndebtor or obligor in personal property not capable of delivery, or…

§ 5233. Sale of personal property. (a) Public auction. The interest\nof the judgment debtor in personal property obtained by a sheriff\npursuant to execution or order, other than legal tender of the United\nStates, shall be sold by the sheriff at public auction at such time and\…

§ 5234. Distribution of proceeds of personal property; priorities.\n(a) Distribution of proceeds of personal property. After deduction for\nand payment of fees, expenses and any taxes levied upon sale, delivery,\ntransfer or payment, the proceeds of personal property or debt acq…

§ 5235. Levy upon real property. After the expiration of ten years\nafter the filing of the judgment-roll, the sheriff shall levy upon any\ninterest of the judgment debtor in real property, pursuant to an\nexecution other than one issued upon a judgment for any part of a\nmortga…

§ 5236. Sale of real property. (a) Time of sale; public auction.\nBetween the fifty-sixth and the sixty-third day after the first\npublication of a copy of the notice of sale, unless the time is extended\nby order or the sale postponed by the sheriff, the interest of the\njudgme…

§ 5237. Failure of title to property sold. The purchaser of property\nsold by a sheriff pursuant to execution or order may recover the\npurchase money from the judgment creditors who received the proceeds if\nthe property is recovered from such purchaser in consequence of an\nir…

§ 5238. Directions to the sheriff. Upon motion of any party, on\nnotice to the sheriff and all other parties, the court may direct the\nsheriff to dispose of, account for, assign, return or release all or any\npart of any property or debt, or the proceeds thereof, or to file\nad…

§ 5239. Proceeding to determine adverse claims. Prior to the\napplication of property or debt by a sheriff or receiver to the\nsatisfaction of a judgment, any interested person may commence a special\nproceeding against the judgment creditor or other person with whom a\ndispute …

§ 5240. Modification or protective order; supervision of enforcement.\nThe court may at any time, on its own initiative or the motion of any\ninterested person, and upon such notice as it may require, make an order\ndenying, limiting, conditioning, regulating, extending or modif…

§ 5241. Income execution for support enforcement. (a) Definitions. As\nused in this section and in section fifty-two hundred forty-two of this\nchapter, the following terms shall have the following meanings:\n 1. "Order of support" means any temporary or final order, judgment,\n…

§ 5242. Income deduction order for support enforcement. (a) Upon\napplication of a creditor, for good cause shown, and upon such terms as\njustice may require, the court may correct any defect, irregularity,\nerror or omission in an income execution for support enforcement issue…

§ 5250. Arrest of judgment debtor. Upon motion of the judgment\ncreditor without notice, where it is shown that the judgment debtor is\nabout to depart from the state, or keeps himself concealed therein, and\nthat there is reason to believe that he has in his possession or custo…

§ 5251. Disobedience of subpoena, restraining notice or order; false\nswearing; destroying notice of sale. Refusal or willful neglect of any\nperson to obey a subpoena or restraining notice issued, or order\ngranted, pursuant to this title; false swearing upon an examination or\…

§ 5252. Discrimination against employees and prospective employees\nbased upon wage assignment or income execution. 1. No employer shall\ndischarge, lay off, refuse to promote, or discipline an employee, or\nrefuse to hire a prospective employee, because one or more wage\nassign…